By Christian Mercado*
Introduction
The securities industry is an example of one attempting to mitigate equity concerns surrounding arbitration agreements contained in contracts of adhesion.
*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.
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.
When considering a FRCP 12(c) motion for judgment on the pleadings, the court construes the complaint in the light most favorable to the plaintiff,
The submission of a private complaint to an investment firm seeking compensation based on a broker’s misrepresentations is not equivalent to filing a report with an official agency to prompt an official investigation into that broker’s misconduct and thus is not an act that is protected by California’s anti-SLAPP statute.
A futures commission merchant acts as a “bank” under Article 4A of the UCC where it processes wire transfer instructions for an institutional customer and is potentially subject to a claim for refund under Article 4A where it transferred money based on a hacker’s email instructions.