Where an arbitration clause provides that parties “may” submit their disputes to arbitration, does this mean that arbitration is mandatory or merely permissive? What is the effect of a proviso in an ...

January 4, 2024 - On Dec. 5, 2023, the Office of the Investor Advocate (OIAD) published its Report on Activities for the Fiscal Year 2023, an annual report it submits to Congress regarding the ...

Professor Jeff Sovern recently blogged about the FTC’s June 2023 revisions to its Endorsement Guide. The Guide helps advertisers and endorsers make sure that their advertising using endorsements or ...

In December 2015, a fire broke out in an apartment building on Ocean Front Walk in Santa Monica. Fortunately, no one was injured; but the fire rendered the apartments uninhabitable. Most of the ...

The mandatory arbitration clauses that 61% of the nation’s 15,000 registered investment advisor firms require clients to sign benefit advisors over investors, SEC staff said in a new report sent to ...

It’s been 14 years since the Congress gave the SEC its blessing to clamp down on mandatory arbitration clauses in registered investment advisors’ contracts – and it is now considering what to do about ...

Joan Maurer thought she had a strong legal case when she sued a local senior home over the sudden death of her 89-year-old father. In her possession, Maurer had a stack of documents showing that the ...

We techies will recognize that type of clause as a kind of kakfaesque recursive argument. "Mandatory arbitration is unfair!" "That is for the arbitrators to decide." It is no surprise that Roberts ...

The law prohibits consumer contracts from containing terms that do not apply to the products or services offered pursuant to the contract. This summer, the New Jersey Legislature passed, and Governor ...

Mandatory arbitration clauses in RIA contracts have been a point of contention for over a decade, and these clauses have re-entered the spotlight as the SEC recently deliberated over the issue once ...

“Twenty years ago, you would have never seen this type of motion to compel to arbitration,” said David Horton, a University of California-Davis School of Law professor who has written law review ...