Securities Litigation & Regulation

A recent series of articles and an editorial in the New York Times have re-ignited the debate about the fairness of private arbitration. While the current clamor is largely about class action arbitrations, and two recent Supreme Court decisions striking them down in arbitration (AT&T v. Concepcion and American Express v. Italian Colors),...

Practitioners and parties familiar with the SEC’s administrative proceedings avoid them whenever possible, preferring federal court. Recently such respondents have drawn hope from a spate of district court rulings suggesting that they may invoke constitutional grounds to have their administrative proceedings enjoined or re-routed to federal court....