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Results: 1-10 of 59

Defendant waived arbitration rights by failing to assert affirmative defense
  • Katten Muchin Rosenman LLP
  • USA
  • February 20 2009

Customers of NECC Telecom (NECC), a telephone service provider, brought an action against NECC asserting, among other things, violations of the Federal Communications Act of 1934 and the Federal Communications Commission's Truth-in-Billing Act


Arbitration clause in one agreement governed dispute under related agreement
  • Katten Muchin Rosenman LLP
  • USA
  • March 7 2008

Plaintiff sued defendants for, among other things, securities fraud in connection with its purchase of an unregistered security in one of the defendant limited liability companies (LLC


Delaware Court of Chancery holds forum selection clause trumps prior-filed action doctrine
  • Katten Muchin Rosenman LLP
  • USA
  • May 1 2015

The Delaware Court of Chancery recently upheld a non-exclusive forum selection clause and denied a motion to dismiss despite a prior-filed action


Arbitration ordered despite party’s participation in litigation
  • Katten Muchin Rosenman LLP
  • USA
  • February 27 2009

The Sixth Circuit upheld the lower court’s holding that a contract dispute should be referred to arbitration despite the fact that the parties had engaged in litigation for several months


SEC approves new FINRA Rule permitting arbitrators to refer serious matters during arbitration proceedings
  • Katten Muchin Rosenman LLP
  • USA
  • November 2 2014

The Securities and Exchange Commission approved a new rule of the Financial Industry Regulatory Authority that permits an arbitrator, during the


District court rules that individual LLC member is third-party beneficiary and bound by arbitration agreement
  • Katten Muchin Rosenman LLP
  • USA
  • December 21 2012

The US District Court for the Southern District of Florida confirmed that third-party beneficiaries of a contract containing an arbitration clause may be


Third Circuit finds Delaware Chancery’s arbitration program unconstitutional
  • Katten Muchin Rosenman LLP
  • USA
  • November 15 2013

A three-judge panel of the US Court of Appeals for the Third Circuit recently affirmed an injunction against the Delaware Court of Chancery's


Third party may not compel signatories to an arbitration agreement
  • Katten Muchin Rosenman LLP
  • USA
  • May 7 2010

The U.S. Court of Appeals for the Second Circuit reversed a district court’s grant of individual co-defendants’ motion to dismiss and to compel arbitration between plaintiff and entity co-defendant, on the grounds that the movants (1) were non-signatories to the Fulfillment Agreement between plaintiff and entity co-defendant which contained the arbitration provision they were attempting to enforce, and (2) had explicitly disclaimed any right to participate in the arbitration they were seeking to compel


Arbitration award based on contract provision not addressed by parties upheld
  • Katten Muchin Rosenman LLP
  • USA
  • January 9 2009

Plaintiff, a vice president of sales and marketing, commenced an arbitration against his employer (i2) alleging that i2 had failed to pay him approximately $2.7 million in sales commissions due under his Account Manager Compensation Plan (the Contract


Court compels broker-dealer to arbitrate investors’ claims
  • Katten Muchin Rosenman LLP
  • USA
  • November 16 2007

Finding that investors were “customers” of a retail broker-dealer for purposes of the NASD’s Code of Arbitration, a federal district court compelled the broker-dealer to arbitrate the investors’ securities fraud claims