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Documents on alternative dispute resolution
 

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HTMLEnforceability of PAGA Waivers in Arbitration Agreements - The Battle Continues
David Zvi Feingold; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2015, previously published on February 27, 2015
The battle over whether employees may waive the right to pursue claims under California’s Private Attorneys General Act (PAGA) in arbitration continues. The Supreme Court of the United States recently requested a response from ex-Bridgestone Retail Operations LLC employees to...

 

HTMLNo Arbitration if Invalid PAGA Waiver Cannot be Severed
Amber Gardina-Quintanilla; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2015, previously published on March 24, 2015
On February 27, 2015, the California Court of Appeal determined that arbitration could not be compelled in Securitas Security Services USA, Inc. v. Superior Court (Edwards). Securitas’ arbitration agreement contained a waiver provision, waiving both class actions and representative Private...

 

HTMLExperts Prove Forced Arbitration Unfairly Deprives Consumers’ Rights
Burg Simpson Eldredge Hersh Jardine P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 18, 2015
Alternative dispute resolution (ADR), and specifically arbitration, can be wonderful tools to resolve disputes without having to resort to lengthy and expensive court battles. Notwithstanding ADR’s indisputable advantages in certain areas, consumer advocates have long decried the use of...

 

HTMLArbitration May Be One Stop on the Road to Litigation
David K. TeSelle; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 4, 2015
Generally speaking, the term “alternative dispute resolution,” or ADR, refers to a host of methods of resolving legal disagreements that do not involve resorting to actual court proceedings. One of the most popular forms of ADR is arbitration, which can be used when both parties agree...

 

HTMLCalifornia Supreme Court Decision Barring Waiver of Representative Claims is Left Intact by U.S. Supreme Court
Mitchell F. Boomer; Jackson Lewis P.C.;
Legal Alert/Article
March 27, 2015, previously published on January 22, 2015
The U.S. Supreme Court has declined to review the California Supreme Court’s decision that representative claims under the California Labor Code Private Attorneys General Act (“PAGA”) cannot be waived in employment arbitration agreements. Iskanian v. CLS Transp. Los Angeles, LLC,...

 

HTMLBeware of Misleading Financial Advisor Credentials
John J. Cronan, Sigmund D. Schutz; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
March 26, 2015, previously published on January 12, 2015
What is an investor to make of the alphabet soup list of privately run credentialing organizations issuing credentials to financial advisors? One of the most reputable ones, the Certified Financial Planner (CFP) Board, cautions that "accredited," "chartered,"...

 

HTMLPrivate Placements: Retail Broker-Dealers Shape Terms of Placements to Sell More of Them
John J. Cronan, Sigmund D. Schutz; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
March 26, 2015, previously published on January 5, 2015
A recent Reuters special report shines light on an "increasingly common" practice among broker-dealers of changing -- and shaping -- the terms of private placements they sell. The report highlights several points:

 

HTMLHas the New Patent Act Created a Mechanism for Investment Firms to Dramatically Alter the Value of Their Investments?
Michael Martinez, Brian W. Nolan; Mayer Brown LLP;
Legal Alert/Article
March 26, 2015, previously published on March 25, 2015
The America Invents Act of 2011 (AIA) created procedural vehicles for new market participants, such as investment firms, to challenge patents. These procedural vehicles include inter partes review (“IPR”) and post-grant review (“PGR”). Recent use of these procedures by...

 

HTMLInvestors Should be Wary of "Happiness Letters"
John J. Cronan, Sigmund D. Schutz; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
March 26, 2015, previously published on January 9, 2015
As the Wall Street Journal's Jason Zweig recently cautioned, "If you get a 'happiness letter' from your brokerage firm . . . be worried."

 

HTMLWhite House: "Conflicted Advice Leads to Large and Economically Meaningful Costs for Americans' Retirement Savings."
John J. Cronan, Sigmund D. Schutz; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
March 26, 2015, previously published on March 2, 2015
In a report issued in February 2015 the White House concluded that conflicted investment advice harms investors to the tune of billions of dollars. The White House estimates losses at between $8 billion and $17 billion or between 1 percent and 0.5 percent of the $1.7 trillion dollars of IRA assets...

 


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