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Reason
September 2004
Jesse Walker |
Judicial Choice Starting this year, Muslims in Ontario can settle their disputes in religious Shariah courts.   |
Entrepreneur
August 2007
Laurel Delaney |
Finding a Middle Ground with Overseas Buyers Arbitration can settle cross-border disputes. |
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. |
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. |
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? |
Investment Advisor
December 2007
Thomas D. Giachetti |
Use Them, but Carefully By all means, place arbitration clauses in IA contracts, but do it right. |
Job Journal
December 7, 2003
Michael Kinsman |
The Arbitration Option More and more workplace disputes are going to arbitration. |
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. |
ifeminists
January 19, 2005
Carey Roberts |
Feminist Utopia, Social Nightmare In practice, feminism cares nothing about mere gender equality. Now, white women have become the most legally-protected and economically-privileged group in America. |
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. |
Inc.
June 2005
Dimitra Kessenides |
Can't We All Get Along? As litigation costs rise, more businesses turn to arbitration. |
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? |
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
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? |
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.
January 8, 2009 |
Motion To Dismiss In Arbitration? Not So Fast. Firms and advisors facing disputes in arbitration will have a tougher time getting the case dismissed thanks to a new dispute resolution rule, FINRA announced today. |
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. |
Commercial Investment Real Estate
Jul/Aug 2009
Rich Rosfelder |
Mediation Basics A slow real estate market is fertile ground for contract disputes. Certified commercial investment members (CCIMs) need to recognize alternative conflict resolutions mechanisms to arbitration. |
Investment Advisor
September 2009
Thomas D. Giachetti |
Expert's Corner: It Beats Getting Sued What every investment advisor should know about securities arbitration. |
Entrepreneur
October 2003
Jane Easter Bahls |
Ties That Bind Are you within your rights to require employees to sign a binding arbitration agreement? |
Salon.com
January 26, 2000
Cathy Young |
Out with the old and out with the new Feminism of every stripe has failed. It's time for a gender equality movement. |
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. |
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. |
Salon.com
October 22, 2001
Max Garrone |
Fundamental problems Religious writer Karen Armstrong explains why Muslim nations have difficulty with democracy and the qualities that all forms of fundamentalism share... |
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. |
Entrepreneur
December 2005
Chris Penttila |
Bound & Gagged How will the battle over mandatory binding arbitration affect entrepreneurs? |
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. |
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? |
Salon.com
September 24, 2001
Janelle Brown |
Terror's first victims When fanatics like the Taliban seize control of Islamic countries, women are the first to suffer... |
ifeminists
November 26, 2002
Wendy McElroy |
Feminist Fighting: Aren't We All Women? How do you view women who say they've been battered by their husbands or sexually harrassed? Do you feel a stab of skepticism at the accusation and wonder whether the man involved will be treated fairly in court? If so, you may be experiencing a consequence of PC feminism. |
Inc.
April 1, 2004 |
Ted's Wild U-Turn Ted Turner comes home... Tricky definitions... Yet another reason to charge more... |
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. |
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? |
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. |
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.
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. |
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. |
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.
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 |
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. |
ifeminists
November 5, 2002
Wendy McElroy |
Equal Access Does Not Guarantee Equal Outcome The election's postmortem analysis will be haunted by a shrill complaint: "Not enough women were elected!" The accusation should be ignored because there is no proper ratio of female versus male office holders. |
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?... |
ifeminists
June 17, 2003
Carey Roberts |
Please Add Me to Your Blacklist The Canadian government recently published a report that recommends monitoring and prosecution of gender equity advocates under federal hate crime laws. |
ifeminists
June 17, 2003
Wendy McElroy |
A Conscientious Objector to the Gender War Future feminists will look back in disbelief at today's false notion of a built-in Gender War between men and women, in much the same way we regard past theories of a flat Earth. |
Finance & Development
December 2010 |
Good for Growth? The spread of Islamic banking can spur development in countries with large Muslim populations. |
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. |
