It’s been a while since I’ve had a chance to post here – and now have a few (almost outdated) updates about FINRA Dispute Resolution leaders – both past and present. In September, Linda Fienberg, long-time leader at FINRA Dispute Resolution announced that she would retire as of November 30. FINRA CEO Rick Ketchum tapped Rick … Continue reading Updates on current and former FINRA Dispute Resolution executives
Cardozo Law School and its Journal of Conflict Resolution are sponsoring the Jed D. Melnick Annual Symposium, “Is Mediation a Sleeping Beauty?”, on Monday, November 3, 2014 starting at 8:30 a.m. The impressive line-up of speakers includes many friends of Indisputably, and topics for sessions include the age-old questions: “Is She Sleeping?”, “Is She Beautiful?”, … Continue reading Symposium at Cardozo Asking (and perhaps Answering) “Is Mediation a Sleeping Beauty?
At a press conference today and accompanying this press release, the Public Investors Arbitration Bar Association announced it had conducted a study of FINRA’s arbitrator roster. It concluded that the roster lacks diversity (in particular, it is 80% male), and almost half of the pool is 70 years old or older. The study also concluded … Continue reading PIABA Releases Study Criticizing Lack of Diversity of FINRA Arbitrator Pool
Linda Fienberg, the long-time President of FINRA Dispute Resolution and FINRA’s Chief Hearing Officer, announced her retirement last month. (This post is long overdue, I know.) She joined FINRA in 1996 and, since then, has worked hard to reform the arbitration process to further FINRA’s investor protection mission. While some of her decisions arguably were … Continue reading Linda Fienberg To Retire from FINRA Dispute Resolution
Today, the Second Circuit followed an April 2014 decision by the Ninth Circuit in Goldman Sachs & Co. v. Reno (described here) — and rejected an opposite holding by the Fourth Circuit — and held that a forum selection clause in a contract supersedes a broker-dealer’s obligation to arbitrate disputes with a customer under FINRA … Continue reading Second Circuit Holds Forum Selection Clause Trumps FINRA Arbitration Requirement
Little did I know that I was on NHL.com’s email list. I guess having a son wild about all things hockey must have had something to do with it. So you can imagine my surprise on Saturday morning when I woke up to an email from NHL.com informing me of the new arbitration clause it … Continue reading Hat Trick: NHL Adds Arbitration Clause, Class Action Waiver and One-Year Limitations Period to its Consumer Services Agreement
Over the years, to respond to criticism that its arbitrators are biased in favor of the securities industry, FINRA has implemented a series of reforms to its arbitration rules. It tweaked the definition of “public” and “non-public” arbitrators (the two classifications FINRA uses) to decrease the chance that a “public” arbitrator would have any affiliation … Continue reading FINRA Proposes Bungling “Public” and “Non-Public” Arbitrator Definitions