Jul 5, 2022

FINRA Publishes Independent Counsel’s Report Finding No Evidence of Improper Agreement to Remove Arbitrators from Cases

On June 29, 2022, FINRA published a report prepared by independent counsel which found no evidence of an improper agreement to remove certain arbitrators from arbitration cases.  The report was prompted by a much-publicized Georgia Superior Court decision vacating an arbitration award in favor of respondent Wells Fargo Clearing Services, LLC, which found, among other things, […] More

Jun 13, 2022

Bipartisan Crypto Regulatory Overhaul Would Treat Most Digital Assets as Commodities Under CFTC Oversight

Under bipartisan legislation introduced last week, titled the Responsible Financial Innovation Act, certain digital assets would be classified as commodities and empower the Commodity Futures Trading Commission to regulate the industry.  The bill’s sponsors characterize the legislation as a critical first attempt to structure the markets for digital assets with long-awaited legal definitions. The traditional Howey […] More

Jun 6, 2022

FINRA Issues Proposed Rule Change To End Mandatory Arbitration of Sexual Harassment Claims

The Financial Industry Regulatory Authority has filed rule changes that would end forced arbitration of sexual assault and sexual harassment complaints as of June 1.  The FINRA rule changes were required by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which was signed into law in March. It gives employees the right […] More

Apr 25, 2022

Texas Supreme Court Clarifies “Tolling Rule” for Statute of Limitations in Legal Malpractice Cases

On April 22, 2022, the Texas Supreme Court issued an opinion that clarifies the “tolling rule” for the statute of limitations in legal malpractice cases.  In Zive v. Sandberg, the issue presented was whether the longstanding Hughes tolling rule applies when the appeal of the underlying lawsuit was not brought directly by the legal malpractice […] More

Badgerow – Narrowing the Courthouse Door
Apr 1, 2022

Badgerow – Narrowing the Courthouse Door

By Matthew Tracy

On March 31, 2022, in an 8-1 decision, the United States Supreme Court in Badgerow v. Walters,  __ S. Ct. __, 2022 WL 959675 (March 31, 2022) sharply curtailed litigants’ ability to confirm or vacate an arbitration award in Federal Court.  The Supreme Court held that the “look through” provisions in Section 4 of the […] More

Regulators’ $200 Million Fine Against JPMorgan Signals Aggressive Campaign to Enforce Electronic Communication Policies and Procedures
Jan 20, 2022

Regulators’ $200 Million Fine Against JPMorgan Signals Aggressive Campaign to Enforce Electronic Communication Policies and Procedures

On December 17, 2021, the Securities and Exchange Commission issued an Order against J.P. Morgan Securities LLC, fining it $125 million for the unapproved use of WhatsApp, text message and personal email communications by JPMorgan employees.  See SEC Order Instituting Administrative and Cease-and-Desist Proceedings, Pursuant to Sections 15(b) and 21C of the Securities Exchange Act […] More