Tag: Arbitration

• Professional Liability

  FINRA Complaints – 5 Steps to Responding

  • July 20, 2016
  • By Allen & Gooch

  5 Steps For Financial Professionals to Take When Facing FINRA Complaint With the rise of BrokerCheck, it is more important than ever that brokers and financial advisors maintain a clean record. Complaints by clients can show up on BrokerCheck and create a shadow on the financial professional’s integrity, making it significantly more difficult to market […]

• Employment Law & Litigation

  Arbitration Agreements with Class Action Waivers Violate NLRA

  • January 10, 2014
  • By Allen & Gooch

  Employers Cannot Eliminate an Employee’s Right to Sue Over Unfair Labor Practices by Arbitration Agreement In D.R. Horton, Inc. v. N.L.R.B., 737 F.3d 344 (5th Cir. 2013), the National Labor Relations Board (NLRB) held that D.R. Horton, Inc. (Horton) had violated the National Labor Relations Act (NLRA) by requiring employees to sign an arbitration agreement […]

• Business Litigation

  2nd Circuit Addresses Evidence Required to Contest Arbitration Clauses

  • January 6, 2014
  • By Allen & Gooch

  In Hanlon v. Monsanto Ag Products, LLC, 48,010 (La. App. 2 Cir. 10/9/13), — So.3d  —,  the Second Circuit Court of Appeal held that the arbitration clause contained in an agreement between cotton farmers, manufacturers, and sellers was enforceable. Trial Court Held Arbitration Clause Unenforceable The plaintiffs were cotton farmers who filed a redhibition action […]

• Business Litigation

  Arbitration Strongly Favored by Louisiana Third Circuit Court

  • November 8, 2013
  • By Allen & Gooch
  

  Arbitration Decisions Often Binding Under Louisiana Law In Detraz v. Banc One Securities Corp., et. al., 2013-191 (La. App. 3 Cir. 10/9/13), — So.3d —, the plaintiff appealed the trial court’s confirmation of an arbitration award. The Appellate Court affirmed the decision of the Fifteenth Judicial District Court highlighting the binding nature of arbitration decisions […]

• Business Litigation

  Investors Denied Right To Arbitrate Claims

  • June 3, 2013
  • By Allen & Gooch
  

  Although Arbitration is Favored, Courts Will Not Allow Investors to Arbitrate Claims The United States Fourth Circuit determined that investors were not able to arbitrate claims against Raymond James Financial Services (RJFS) when they purchased fraudulent securities directly from Inofin, Inc. Raymond James Financial Services, Inc. v. Cary, 709 F.3d 382 (4th Cir. 2013). Investors were denied the […]