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Job Journal December 7, 2003 Michael Kinsman |
The Arbitration Option More and more workplace disputes are going to arbitration. |
Entrepreneur December 2005 Chris Penttila |
Bound & Gagged How will the battle over mandatory binding arbitration affect entrepreneurs? |
Commercial Investment Real Estate Mar/Apr 2004 John A. Sherrill |
Legal Briefs Commercial real estate companies are turning to alternative dispute resolution to solve disagreements with partners, suppliers, customers, and other professionals with whom they have contractual relationships. |
Inc. June 2005 Dimitra Kessenides |
Can't We All Get Along? As litigation costs rise, more businesses turn to arbitration. |
On Wall Street September 1, 2008 Alan J Foxman |
Court or Arbitration Sexual harassment claims can go to court under FINRA's rules, but some employment contracts call for arbitration... If I leave my firm can they get an injunction preventing me from taking my clients? Can this go to arbitration? |
Inc. February 2004 Lora Kolodny |
A Win for Arbitration, But Do You Ultimately Lose? Surprising news about arbitration. Is arbitration better and cheaper than litigation? |
On Wall Street September 1, 2010 Mark Astarita |
Denying Advisors A Legal Forum As part of the Dodd-Frank Wall Street Reform Act, Congress has given the SEC the authority to prohibit or impose conditions upon the use of pre-dispute arbitration agreements by brokerage firms and federally registered investment advisors. |
Entrepreneur August 2007 Laurel Delaney |
Finding a Middle Ground with Overseas Buyers Arbitration can settle cross-border disputes. |
The Motley Fool October 5, 2007 Selena Maranjian |
Credit Card Fine Print Can Cost You Be careful, or you may end up ensnared by credit card arbitration. A recent study in California showed in 95% of these arbitration cases, the consumer lost. What can you do about this? |
National Defense October 2010 McGrath & Stapleton |
New Amendment To Change Employee Litigation Rules The Franken Amendment bars defense contractors and subcontractors from requiring employees, as a condition of employment, to agree to mandatory arbitration of discrimination claims under Title VII of the Civil Rights Act of 1964, based on race, color, religion, sex or national origin. |
Managed Care June 2002 Bob Carlson |
First Business, Now Health Care: Signing Away One's Right To Sue More and more, mandatory arbitration clauses are surfacing in agreements between businesses and individuals. Will the line be drawn at managed care? |
CFO February 1, 2007 Kris Frieswick |
The Enemy Within Companies fear employee lawsuits more than any other legal threat. To prevent them, experts advise looking in the mirror. |
Information Today September 16, 2014 George H. Pike |
Federal Court Holds 'Browsewrap' Agreement Unenforceable In a decision that raises questions about the legality of "browsewrap" agreements on ecommerce websites, a California court ruled that a browsewrap agreement in the form of a hyperlink to a separate webpage is not enforceable. |
BusinessWeek June 22, 2011 Greg Stohr |
Wal-Mart Case: Another Loss for Trial Lawyers The Supreme Court's ruling is the latest in a series of decisions that make it clear the justices aim to curb mass litigation. |
Registered Rep. February 26, 2008 David Geracioti |
The Arbitration Debate Continues A new study suggests that unless you work on Wall Street, you probably don't think arbitration is very fair. |
Registered Rep. October 25, 2002 Rick Weinberg |
PaineWebber Appeal Rejected by Supreme Court Completing "bucking" its trend of supporting arbitration over litigation, the U.S. Supreme Court rejected a UBS PaineWebber appeal of a decision that the firm claims allows clients to circumvent arbitration agreements they had previously signed. |
Registered Rep. December 18, 2002 Rick Weinberg |
Supreme Court Favors Arbitration in Brokerage Cases The Supreme Court has reaffirmed its stance that the arbitration forum is the proper venue for deciding brokerage cases. |
Job Journal August 17, 2008 Lindsey Novak |
Career Pros: The Facts About Firings Employer rules and employee rights regarding terminations. |
Registered Rep. January 1, 2007 Karen Donovan |
Fix Arbitration Now Here are three problems that lawyers who struggle with the securities industry's arbitration system say they confront on a routine basis. For the most part, the lawyers for customers and those who represent the industry have radically different views on how to fix the system. |
Registered Rep. December 1, 2004 |
The Promise Keepers Is arbitration the answer to this broker's woe?... Should a former employer pay defense costs for broker being sued while employed with that firm?... |
Registered Rep. October 4, 2006 John Churchill |
Citigroup Wins Long, Strange CAP Battle After going two for three in a unique tug of war involving both the arbitration and court systems, former Smith Barney broker James McCarthy is likely throwing in the towel in his three-year fight for the money left in his deferred-compensation plan. |
Investment Advisor September 2009 Thomas D. Giachetti |
Expert's Corner: It Beats Getting Sued What every investment advisor should know about securities arbitration. |
BusinessWeek August 13, 2007 Lewis Braham |
Want To Take On Your Broker? Investors' odds have shrunk in recent years. Even if you win, don't expect a windfall. |
Registered Rep. May 1, 2006 French & Palmer |
The Argument Over Arbitration While investment-related arbitrations are supposed to be cheaper and more expeditious than trials in civil court, many say that these advantages have diminished in recent years, and that all too often the proceedings just look like outtakes from The Gong Show. Is there a better way? |
On Wall Street August 1, 2009 Helen Kearney |
Death Knell for Mandatory Arbitration The meltdown on Wall Street, along with the raft of Ponzi schemes, have created a renewed regulatory zeal on the part of the government towards financial advisors. This all begs a major question: Is this the end of mandatory arbitration? |
Registered Rep. April 1, 2005 Richard A. Roth |
Keep It Dark Though one function of the NASD is to police its member firms and protect investors, another of its functions is to provide a fair and just arbitration forum for dispute resolution. The NASD should protect the sanctity of the process by ensuring that all parties are treated equally and fairly. |
On Wall Street March 1, 2011 Lorie Konish |
All-Public Panels Approved For Arbitrations The move may be hailed by investor groups, but other industry experts are criticizing the Securities and Exchange Commission's recent approval of a rule change that allows for the option of all-public panels in FINRA arbitrations. |
Registered Rep. November 1, 2002 Carol X. Vinzant |
Law & Order: Client-Broker Disputes The last couple of years have been hell on anyone who owns stock. And someone must pay. Rightly or wrongly, that person typically is the broker. |
On Wall Street October 1, 2009 Judith Schoolman |
Five Questions with Brian Smiley Brian Smiley is president of the PIABA, which promotes the interests of investors involved in arbitration disputes against brokerage firms. In this short interview he speaks about his group's goals and why he's been so busy. |
Registered Rep. October 24, 2007 Karen Donovan |
Arbitration Works, Says SIFMA; No It Doesn't, Says PIABA The Securities Industry and Financial Markets Association released a "white paper" today about how well the mandatory arbitration system works. SIFMA is trying to steal the thunder of the plaintiffs' bar, which is pushing Congress to nullify agreements to arbitrate in customer contracts. |
PHONE+ July 29, 2009 Ross Buntrock |
Bulletproofing Your Business While it's impossible to eliminate all risks associated with signing a telecommunications agreement, agents can shield their businesses from some common risks and take a few bullets out of the other guy's gun. |
Registered Rep. August 16, 2006 Karen Donovan |
Put It in Writing: Investors Want Arbitrators to Explain Their Awards Lawyers who represent investors in securities arbitrations hope that a proposed NASD rule -- which would give them the option of demanding written explanations from arbitration panels that hear their disputes against brokerage houses -- will take effect soon. |
Registered Rep. August 1, 2006 Gary Weiss |
Institutionalized Unfairness Here the author of Wall Street Versus America discusses how the mandatory arbitration of customer disputes must be made to go away. And not just because it hurts financial advisory customers. It hurts the financial advisor equally. |
Registered Rep. September 1, 2005 Greg Bailey |
The Real Arbitration Nightmare NASD member firms frequently wield far too much influence in arbitration proceedings, and this situation could end up undermining client confidence in the industry if it persists. |
Registered Rep. August 1, 2006 |
Unbreakable Promises Q: Isn't it standard in the industry to prorate notes over the entire period employed? Do we have any recourse?... A: It's way too late in the game for you to be wondering about how proration of promissory notes works in the industry... etc. |
Registered Rep. September 1, 2005 John Churchill |
She's Baaaack Hydie Sumner, a former broker who successfully sued Merrill Lynch for sexual discrimination, has been trying for seven years to reacquire her job at the firm. Now an arbitration panel has ruled that she can return to Merrill. |
Investment Advisor December 2007 Thomas D. Giachetti |
Use Them, but Carefully By all means, place arbitration clauses in IA contracts, but do it right. |
Registered Rep. April 27, 2010 Halah Touryalai |
Judge Says Citi Brokers Must Repay Bonuses; Appeal Comes Next Former Citigroup brokers, who wanted courts to dismiss debts the firm said they owed on loans awarded when they were hired, were turned down by a district court judge. But they are planning to appeal that decision. |
BusinessWeek August 16, 2004 Emily Thornton |
The Brokers Strike Back Wall Street to investors: Beware of suing your brokers -- they might just sue you back. |
The Motley Fool October 19, 2006 S.J. Caplan |
When Brokers Break the Rules Investors do have some recourse if they feel they've been duped, and that recourse is on sale this month. |
Inc. April 1, 2004 |
Ted's Wild U-Turn Ted Turner comes home... Tricky definitions... Yet another reason to charge more... |
Registered Rep. October 1, 2002 David A. Gaffen |
Pitt to NASD, NYSE: Foul! The NASD and NYSE sued the California Judicial Council to stop new arbitration rules, claiming SEC oversight and federal law preempts separate state regulation. Harvey Pitt has ordered the organizations to empanel arbitrators to start handling the cases against brokers that have been piling up. |
Registered Rep. February 10, 2012 Diana Britton |
Yield of Dreams: Son Chronicles Battle with Father for Family's Firm Tread lightly on bringing family into the business, because blood only runs so deep. |
Registered Rep. March 1, 2007 Karen Donovan |
Arbitration Tweaks The SEC recently tried to help improve the arbitration system by offering a new code of procedures for picking arbitrators. But as arbitration lawyers have found there was not much to get excited about. |
On Wall Street October 1, 2010 Alan J. Foxman |
The Instant Age of Social Media Readers ask for advice on indemnification agreements, social media, suing a 401(k) plan holder for misrepresentation on the outlook for company stock, and asset purchase agreements. |
The Motley Fool October 24, 2007 Selena Maranjian |
Mandatory Arbitration Stinks Read the fine print. The people who decide how to resolve your disputes with your homebuilder might not be so impartial. |
Commercial Investment Real Estate Nov/Dec 2011 Thomas E. Gibbs |
Avoidance Behavior Learn to resolve disputes before they occur. Mediation, arbitration, and other forms of alternative dispute resolution have become a favorable choice in today's commercial real estate market. |
On Wall Street December 1, 2009 Alan J. Foxman |
Don't Ask, Don't Bill Q&As: FINRA arbitration... Can a former client who made money sue a firm?... |
On Wall Street June 1, 2009 Alan J. Foxman |
Anyone Around Here Know a Good Lawyer? Financial advisors ask their legal questions. |
InternetNews October 3, 2008 David Needle |
Apple Loses Bid to Dismiss iPhone Monopoly Suit Class action suit against Apple and AT&T Mobility will continue. |