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Full-Text Articles in Law

The Customer's Nonwaivable Right To Choose Arbitration In The Securities Industry, Jill I. Gross Jan 2016

The Customer's Nonwaivable Right To Choose Arbitration In The Securities Industry, Jill I. Gross

Brooklyn Journal of Corporate, Financial & Commercial Law

Arbitration has been the predominant form of dispute resolution in the securities industry since the 1980s. Virtually all brokerage firms include predispute arbitration agreements (PDAAs) in their retail customer contracts, and have successfully fought off challenges to their validity. Additionally, the industry has long mandated that firms submit to arbitration at the demand of a customer, even in the absence of a PDAA.

More recently, however, brokerage firms have been arguing that forum selection clauses in their agreements with sophisticated customers (such as institutional investors and issuers) supersede firms’ duty to arbitrate under FINRA Rule 12200. Circuit courts currently are …


The Tenth Annual A. A. Sommer, Jr. Lecture On Corporate, Securities, & Financial Law, Elisse B. Walter Jan 2010

The Tenth Annual A. A. Sommer, Jr. Lecture On Corporate, Securities, & Financial Law, Elisse B. Walter

Fordham Journal of Corporate & Financial Law

No abstract provided.


Fin Rah!...A Welcome Change: Why The Merger Was Necessary To Preserve U.S. Market Integrity, Yesenia Cervantes Jan 2008

Fin Rah!...A Welcome Change: Why The Merger Was Necessary To Preserve U.S. Market Integrity, Yesenia Cervantes

Fordham Journal of Corporate & Financial Law

No abstract provided.


A "Tic"Ing Time Bomb: Rule 506 Meets Section 1031, Elizabeth A. Whitman Jan 2007

A "Tic"Ing Time Bomb: Rule 506 Meets Section 1031, Elizabeth A. Whitman

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Fourth Annual Albert A. Destefano Lecture On Corporate, Securities &Financial Law, William Michael Treanor Introduction, Jill E. Fisch Introduction, Constantine N. Katsoris, John F.X Peloso Moderator, Brandon Becker, Robert Colby, Richard G. Ketchum, Mark E. Lackritz, Annette L. Nazareth, Mary L. Shapiro Jan 2005

The Fourth Annual Albert A. Destefano Lecture On Corporate, Securities &Financial Law, William Michael Treanor Introduction, Jill E. Fisch Introduction, Constantine N. Katsoris, John F.X Peloso Moderator, Brandon Becker, Robert Colby, Richard G. Ketchum, Mark E. Lackritz, Annette L. Nazareth, Mary L. Shapiro

Fordham Journal of Corporate & Financial Law

No abstract provided.


Brokers And Advisers – What’S In A Name?, Barbara Black Jan 2005

Brokers And Advisers – What’S In A Name?, Barbara Black

Fordham Journal of Corporate & Financial Law

No abstract provided.


Developing A Law/Business Collaboration Through Pace's Securities Arbitration Clinic, Jill I. Gross, Ronald W. Filante Jan 2005

Developing A Law/Business Collaboration Through Pace's Securities Arbitration Clinic, Jill I. Gross, Ronald W. Filante

Fordham Journal of Corporate & Financial Law

No abstract provided.


Missing The Mark: Nasd Rule 2711 And Nyse Rule 472 Mistakenly Emphasize Disclosure Rather Than Amending The Pleading Requirements Of Pslra, James J. Barney Jan 2004

Missing The Mark: Nasd Rule 2711 And Nyse Rule 472 Mistakenly Emphasize Disclosure Rather Than Amending The Pleading Requirements Of Pslra, James J. Barney

NYLS Law Review

No abstract provided.


Analyst Conflicts Of Interests: Are The Nasd And Nyse Rules Enough?, Karen Contoudis Jan 2003

Analyst Conflicts Of Interests: Are The Nasd And Nyse Rules Enough?, Karen Contoudis

Fordham Journal of Corporate & Financial Law

No abstract provided.


From Behind The Corporate Veil: The Outing Of Wall Street's Investment Banking Scandals - Why Recent Regulations May Not Mean The Dawn Of A New Day, Gina N. Scianni Jan 2003

From Behind The Corporate Veil: The Outing Of Wall Street's Investment Banking Scandals - Why Recent Regulations May Not Mean The Dawn Of A New Day, Gina N. Scianni

Fordham Journal of Corporate & Financial Law

No abstract provided.


New Competitors, Thomas Ryan, Mary M. Mcdermott-Holland, Arthur Kearney, Dennis Marino, Arthur Pacheco, James J. Mcdermott Jr. Jan 1998

New Competitors, Thomas Ryan, Mary M. Mcdermott-Holland, Arthur Kearney, Dennis Marino, Arthur Pacheco, James J. Mcdermott Jr.

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Pros And Cons Of A Self-Regulatory Organization For Advisers And Mutual Funds, Tamar Frankel Jan 1994

The Pros And Cons Of A Self-Regulatory Organization For Advisers And Mutual Funds, Tamar Frankel

Faculty Scholarship

Congress is seriously considering bills to establish self-regulatory organizations (SROs) for investment advisers (advisers) and investment companies (Funds). These bills would require members of the investment management industry to regulate themselves under the watchful eye of the Securities and Exchange Commission, similar in approach to the regulation of broker-dealers by the National Association of Securities Dealers, Inc. (NASD) and the securities exchanges. Proposals to establish SRO for investment advisers have arisen before. However, those proposals did not cover Funds and their advisers,