Law Commons^™

Expungement Of Customer Complaint Crd Information Following Settlement Of A Finra Arbitration, Seth E. Lipner

seth e lipner

The Financial Industry Regulatory Association (“FINRA”) maintains a database of customer complaints about individuals licensed by FIRNA as registered representatives. The data can be accessed and used by both securities regulators and the investing public to find out about past complaints made by customers of the registered representatives. But records of customer complaints can be expunged from the database through an arbitration process created by FINRA. This Article traces the history of that arbitration process, focusing on how it is employed in cases where the investor was paid money to settle a claim. The Article studies FINRA arbitrations in such …

At&T V. Concepcion: The Problem Of A False Majority, Lisa Tripp, Evan R. Hanson

Lisa Tripp

The Supreme Court’s 2011 decision in AT&T v. Concepcion is the first case where the Supreme Court explores the interplay between state law unconscionability doctrine and the vast preemptive power of the Federal Arbitration Act (FAA). Although it is considered by many to be a landmark decision which has the potential for greatly expanding the already impressive preemptive power of the FAA, something is amiss with Concepcion.

AT&T v. Concepcion is ostensibly a 5-4 majority decision with a concurring opinion. However, the differences in the majority and concurring opinions are so profound that it appears that Justice Thomas actually …