A U.S. Supreme Court case and a recent Financial Industry Regulatory Authority (FINRA) Hearing Panel decision could make it easier for all corporations, including broker-dealers, to resolve consumer disputes through arbitration and avoid class action litigation. These developments potentially open the door for corporations to include arbitration provisions containing class waivers in their articles of incorporation and bylaws.

In this webinar, we will discuss the implications of American Express v. Italian Colors, a Supreme Court case concerning the enforceability of class action waivers in arbitration agreements. Oral arguments were heard last month, and a decision that we anticipate will favor arbitration is expected by June. We also will review a February 21 pro-arbitration ruling by a FINRA Hearing Panel.

Topics

  • The issue before the Supreme Court in American Express v. Italian Colors and what we learned from the oral argument 
  • The FINRA Hearing Panel opinion and the status of the appeal 
  • The historic position of the SEC on whether public companies may include in their articles of incorporation arbitration provisions containing class action waivers 
  • Why the American Express and FINRA Hearing Panel opinions bear on whether public companies may include in their articles of incorporation and bylaws arbitration provisions containing class action waivers 
  • Implementation of a shareholder arbitration program

Program

12:00 PM - 1:00 PM ET | Webinar

Moderator

Alan S. Kaplinsky, Practice Leader, Consumer Financial Services Group

Presenters

Ethan H. Cohen, Partner, Securities Enforcement and Litigation Group
Mark J. Levin, Partner, Consumer Financial Services Group
Carl W. Schneider, Special Guest Speaker

There is no cost to attend. This program is not eligible for continuing education credits.

Please register at least two days before the webinar. Login details will be sent to all approved registrants. For more information, contact Lisa M. Prickril at prickrill@ballardspahr.com.

Program Contact

Lisa M. Prickril
215.864.8252
prickrill@ballardspahr.com