Monthly Archives: April 2021

Gregg Weiner, Dan Ward and Carrie Sandstrom of Ropes & Gray “examine the state of the law in a number of jurisdictions, explore litigation pitfalls, and provide practice pointers related to the interplay between arbitration and injunctions” in this article, jointly published by New York Law Journal and Law.com.

FINRA recently issued new guidance, reminding member firms that when they “use mandatory arbitration clauses in their customer agreements, FINRA rules establish minimum disclosure requirements regarding the use of such clauses and prohibit predispute arbitration agreements from including conditions that, among other things, limit or contradict FINRA rules.” In particular, FINRA’s guidance emphasizes that “anyContinue reading ““FINRA Reminds Members About Requirements When Using Predispute Arbitration Agreements for Customer Accounts””

Diane Saunders of Ogletree Deakins has this article, available in The National Law Review, discussing the First Circuit’s recent decision in Bossé v. New York Life Insurance Co. et al., pursuant to which she notes that “employers operating within the First Circuit can be more confident that if their arbitration agreements contain delegation clauses that clearlyContinue reading ““First Circuit Enforces Delegation Clause in Arbitration Agreement””

Earlier this year, I referenced the Northern District of Illinois decision in Wilcosky v. Amazon.Com, Inc., compelling arbitration of claims against Amazon alleging that the company, through its Alexa device, violated the Illinois Biometric Information Privacy Act by illegally recordings their voices and storing their voiceprints. One claimant ordered to arbitration was not a purchaserContinue reading “Children Of Alexa Users Not Required To Arbitrate Their Claims Of Unlawful Wiretapping”

In Broumand v. Joseph, 2021 WL 771387 (S.D.N.Y. Feb. 27, 2021) Southern District Judge Jed Rakoff recently addressed issues posed by a party’s attempt to subpoena out-of-state witnesses to a New York arbitration. This article, by Edward Spiro and Christopher Harwood of Morvillo Abramowitz, available in Lexology, analyzes the court’s decision and offers “a cautionaryContinue reading ““Thorny Issues Raised by Third-Party Discovery in Arbitration””

A few days ago I shared a reference to this article by John Lewis of Baker Hostetler discussing the Fourth Circuit’s decision in Beckley Oncology Associates, Inc. v. Abumasmah, holding that parties by contract can waive judicial review of an arbitration award. Others, including Andrew Baskin and Linda Jackson of Arent Fox and Michael WolginContinue reading “Additional Takes On Beckley Oncology Associates, Inc. v. Abumasmah”

Christina Kennedy and Emily Beer of Foley & Lardner have this article in Mondaq, discussing the Sixth Circuit’s recent decision in Sevier County Schools Federal Credit Union v. Branch Banking and Trust Company. As the authors explain, the case began when the defendant bank substantially lowered interest rates on certain investments despite an alleged promiseContinue reading ““Sixth Circuit Refuses To Enforce Unilateral Changes To Arbitration Provision””

Nine years ago I served on a National Golf Advisory Committee that issued Recommended Best Practices for the resolution of disputes in the golf industry, urging “golf course owners, course managers, builders, manufacturers, distributors, retailers, instructors, players, media, travel providers, and others … to embrace mediation and arbitration as the preferred methods of dispute resolutionContinue reading “Golf Canada Adopts ADR As Its Policy For The Resolution Of Disputes”

Lexology has published this article from Buckley, discussing the Eleventh Circuit’s decision in Larsen v. Garcia, in which the court affirmed a decision finding arbitrable putative class actions challenging a national bank’s overdraft practices. The opinion is interesting in that the court was tasked with interpreting two versions of a client agreement. One version providedContinue reading ““11th Circuit: Class members must arbitrate overdraft suits””

Jonathan Turner, David M. Gettings & David N. Anthony of Troutman Pepper authored this article, discussing the Eleventh Circuit’s recent decision in Hearn v. Comcast Cable Communications, LLC. As the article describes, Hearn presents a scenario where “the plaintiff obtained services from the defendant in 2016, and signed a subscriber agreement with an arbitration provisionContinue reading ““Compelling Arbitration: The Eleventh Circuit Court of Appeals Reverses and Remands a District Court Holding Denying Defendant’s Motion to Compel Arbitration in an FCRA Case””