INTRODUCTION

As a result of recent corporate scandals and dramatic market downturns, many employees whose company-sponsored retirement saving plans were heavily invested in the stock of their employers have seen their account balances substantially depleted. To recover for their losses, plan part...   MORE>>

INTRODUCTION

When Jimmy Allen began working for United Airlines in 1964, he was only twenty-two years old. Allen assumed that his career as a pilot, “the best-paid of rank-and-file United workers,” would allow him to retire comfortably. Forty-one years later, Allen, who flew for United for th...   MORE>>

ABSTRACT

Background

Both disputants – states and investors – as well as stakeholders have mounted strong criticisms of investor-state arbitration. Such criticisms could provoke a broad range of reactions among the system‟s various stakeholders. At one end of the spectrum, one could react...   MORE>>

This article seeks to provide a brief introduction to hedge funds and their speculative activity magnified by the use of leverage techniques which may generate large short-term fund flows that could have the potential of disrupting financial markets and economies, especially of smaller jurisdictions...   MORE>>

One of the most common defenses to a suitability claim is that the investor ratified the unsuitable transactions. Fortunately for investors in Texas, a broker cannot raise ratification as a defense to a claim under the Texas Securities Act or the Texas Deceptive Trade Practices Act. As a consequence...   MORE>>

There has been quite a bit of change and confusion lately in the field of class arbitration. Until recently it was unclear whether the Federal Arbitration Act (“FAA”) prohibited or allowed class arbitration. In 2003, the United States Supreme Court determined that the FAA allowed class arbitrati...   MORE>>

ABSTRACT

Pursuant to the Securities Exchange Act of 1934 (Exchange Act), self-regulatory organizations (SROs) receive quasi-governmental immunity. The justification for this immunity is twofold: first, to enforce the minimum financial and sales practice requirements created by Congress and the Se...   MORE>>

ABSTRACT

Private equity, characterized by firms operating as privately held partnerships organizing the acquisition and "taking private" of public companies, has recently dominated the business news due to deals unprecedented in number and size. If this buyout boom continues unabated, the 1989 pr...   MORE>>

ABSTRACT

One of the most dynamic and complex new investment vehicles on the market today is the exchange-traded fund (ETF), a security that provides the diversification of a mutual fund but trades on a securities exchange like a stock. In just fifteen years, the number of ETFs has proliferated to...   MORE>>

Class action arbitrations are a relatively recent phenomenon in the United States, but the number of such arbitrations is expanding at a rapid rate. As of August 2008, the American Arbitration Association (“AAA”) has administered 246 class action arbitrations and Judicial Arbitration and Mediati...   MORE>>