By Jeremy Root
*A forum selection clause in a compensation agreement incorporated by reference into an offering letter does not preclude or waive the applicability of an arbitration provision in the offering letter itself,
*A party challenging enforcement of a forum selection clause may not base its challenge on a choice of law analysis.
By Sarah G. Anderson
If an agreement contains a mandatory forum selection clause that substantially excludes arbitration, it supersedes a prior arbitration agreement.
The current state of registered investment adviser (“RIA”) arbitration, and where things may be headed, were the core topics discussed recently by an experienced panel of securities arbitration experts in the third SAC podcast.