Langille v. Berthel Fisher & Company Financial Services, Inc.
on

By Paul J. Dubow

*In California, when damages are an element of a cause of action, the cause of action does not accrue until the damages have been sustained.

...Read More

Certiorari Sought for Review of Fifth Circuit’s Ruling Interpreting a PDAA To Provide for a Nine-Arbitrator Panel
on

By Theodore Ryan

SCOTUS is being asked to take up whether to let stand a decision upholding a large Award issued by a numerically unbalanced panel.

...Read More

Valelly v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
on

By James L. Komie

The terms and conditions of an electronically signed account agreement were “reasonably conspicuous” and thus binding on the customer even though she had to scroll down the page to see the relevant terms.

...Read More

Bayles v. Evans
on

By Christopher G. Lazarini

*A non-signatory is estopped from cherry-picking parts of a contract she finds beneficial, while ignoring those she would prefer not apply,

...Read More

NRLB Upholds Arbitration Confidentiality Provisions
on

By Cameron Michelsen

The National Labor Relations Board (“NLRB”) recently upheld confidentiality provisions in arbitration agreements in relation to section 7 of the National Labor Relations Act (“NLRA”) and the Federal Arbitration Act (“FAA”).

...Read More

Liu v. SEC
on

By Burton W. Wiand

Disgorgement, as an SEC enforcement remedy, is permissible, given that courts observe restrictions that might otherwise make the disgorgement order a “penalty.”

Liu vs.

...Read More