SCOTUS Grants Certiorari in Badgerow. At Issue: The “Look Through” Standard
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By George H. Friedman, SAA Publisher & Editor-in-Chief

As reported in SAA 2021-19 (May 20), the Supreme Court on May 17 granted Certiorari in a case involving application of the “look-through” standard.

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Supreme Court Declines to Engage in the Interpretation of “Engaged in Commerce”
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By Ruben Huertero*

It is hornbook law that the Federal Arbitration Act (“FAA”) enforces predispute arbitration agreements involving just a hint of interstate commerce.

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The Elections are (Finally!) Over: What’s in Store for the Arbitration and the Financial Services Worlds
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by George H. Friedman*

At long last the 2020 elections are behind us [bipartisan cheer], and the Democrats have taken over the White House,

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SCOTUS on Henry Schein II Certiorari Grant: “Never Mind!”
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By George H. Friedman, SAA Publisher & Editor-in-Chief

The Supreme Court has reversed in a summary dismissal its decision to grant Certiorari in its second look at Henry Schein,

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SCOTUS Asked to Weigh in on Whether 28 USC Section 1782 Provides for Discovery in Aid of Private, Foreign, Commercial Arbitration
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By George H. Friedman, SAA Publisher & Editor-in-Chief

As we’ve been speculating for quite some time, the Supreme Court is being asked to resolve a major split on whether 28 USC Section 1782 provides for discovery in aid of private,

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Contracts of Adhesion and Securities Arbitration: How FINRA Attempts to Mitigate Harm to Investors
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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.

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