Category Archives: General

SEC Approves FINRA Proposal to Further Revise Definition of Public and Non-Public Arbitrator

The SEC approved FINRA’s proposal to ” refine and reorganize the definitions of ‘non-public’ arbitrator and ‘public’ arbitrator.”  Customers who file an arbitration claim against a broker dealer or associated person now has the right to an all-public arbitration panel, so the definitions of who fits the two classifications are high stakes.  This proposal is misguided, … Continue reading SEC Approves FINRA Proposal to Further Revise Definition of Public and Non-Public Arbitrator

No Surprise — Iskanian Court Enforces Class Action Waiver

From the Daily Labor Report (BNA): “Under directions from the California Supreme Court, the California Court of Appeal Feb. 26 held that class action and arbitration waivers in an agreement between a trash removal company and an employee are enforceable as to the worker’s individual wage and hour claims under state law (Franco v. Arakelian … Continue reading No Surprise — Iskanian Court Enforces Class Action Waiver

How Can You Get a Piece of the Action?

In a series of posts, I described significant problems with the traditional negotiation paradigm of two coherent models, positional and interest-based negotiation (or other labels for essentially the same models). This paradigm has been helpful in moving us forward in recent decades. But simply saying that something was a interest-based or positional negotiation not only … Continue reading How Can You Get a Piece of the Action?