Section Newsletters

Articles From John R. Schleppenbach

Second Circuit clarifies bar on extraterritorial application of U.S. securities laws By John R. Schleppenbach Business and Securities Law, October 2014 The bar on the extraterritorial application of the U.S. securities laws applies to cases involving foreign purchases of foreign securities even if the securities are cross-listed on a domestic exchange.
Illinois appellate court holds arbitration agreement unconscionable By John R. Schleppenbach Alternative Dispute Resolution, July 2014 It is notable that the Illinois Appellate Court in Potiyevskiy v. TM Transportation, Incorporated recently affirmed a trial court’s denial of a motion to compel arbitration based on the unconscionability of the arbitration clause.
Eighth Circuit applies negligence standard to SEC enforcement claims for solicitation of false proxies, falsification of records, and deception of auditors By John R. Schleppenbach Business and Securities Law, February 2014 Corporate officers may now be civilly liable for soliciting false proxies, falsifying corporate records, and deceiving auditors without a showing of scienter.
First District finds waiver of right to force individual arbitration of class action claims By John R. Schleppenbach Alternative Dispute Resolution, October 2013 A corporate litigant in the First District case of Bovay v. Sears, Roebuck & Co. recently argued that it had not waived its right to arbitrate by failing to assert it during approximately a decade of litigation.
A new defense to malpractice claims for securities litigators By John R. Schleppenbach Business and Securities Law, June 2013 Securities class action litigators may now defend malpractice actions on the grounds that an award of attorneys’ fees in a class action includes a conclusive determination that counsel’s representation was adequate.
Illinois Supreme Court revisits enforceability of nursing home arbitration agreements By John R. Schleppenbach Alternative Dispute Resolution, May 2013 The enforceability of arbitration clauses contained in nursing home admission agreements has recently become a subject of increased debate throughout the United States.
Fifth Circuit holds personal jurisdiction needed to confirm foreign arbitration award By John R. Schleppenbach Alternative Dispute Resolution, February 2013 The Fifth Circuit has added to the emerging trend of allowing petitions to confirm foreign arbitration awards to be dismissed based on a lack of personal jurisdiction.
In issue of first impression, First District addresses impact of arbitration award exceeding Illinois’ monetary limits on court-ordered arbitration By John R. Schleppenbach Alternative Dispute Resolution, November 2012 Until recently, no Illinois court had addressed the impact of an arbitration award exceeding the Illinois Supreme Court's monetary limits. In June of this year, however, the First District in Babcock v. Wallace opined that such an award was erroneous, but nonetheless affirmed its enforcement because the party seeking to set it aside had failed to follow the appropriate procedural steps to do so.
Ninth Circuit concludes issue of whether FAA’s Section One exceptions apply is nonarbitrable, But… By John R. Schleppenbach Alternative Dispute Resolution, April 2012 Until the Ninth Circuit’s recent decision in In re Van Dusen, no federal appeals court had addressed whether the applicability of the exceptions to the Federal Arbitration Act’s coverage contained in Section One of that statute constituted a “question of arbitrability” that the parties could agree to arbitrate.
Ninth Circuit concludes Declaratory Judgment Act does not give federal courts discretion to decline to rule on motions to compel arbitration By John R. Schleppenbach Alternative Dispute Resolution, October 2011 Given the long-standing and widespread push for federal courts to further the efficiency and ease of arbitration by summarily enforcing arbitration agreements where they are found to exist, the Ninth Circuit’s ruling in Countrywide Home Loans, Inc. v. Mortgage Guaranty Insurance Corporation is perhaps unsurprising.
Second Circuit affirms denial of Petition to Compel Arbitration based on counsel’s conflict of interest By John R. Schleppenbach Alternative Dispute Resolution, March 2011 A look at the case of GSI Commerce Solutions, Inc. v. BabyCenter, L.L.C., in which the Second Circuit affirmed the denial of a petition to compel arbitration based on a conflict of interest by the petitioner’s counsel.
Ninth Circuit removes potential barrier to federal jurisdiction over Motions to Compel Arbitration By John R. Schleppenbach Alternative Dispute Resolution, June 2010 While the existence of federal jurisdiction over a motion to compel arbitration remains far from certain,the recently decided case of Geographic Expeditions v. Estate of Lhotka makes it somewhat more attainable.
Eighth Circuit weighs in on circuit split over proper venue for appeal from denial of motion to compel arbitration in patent case By John R. Schleppenbach Alternative Dispute Resolution, February 2010 The Federal Arbitration Act provides that an order denying a motion to compel arbitration is immediately appealable. It does not, however, specify which court or courts possess jurisdiction over such an appeal.
Fourth District holds non-signatory insurer has standing to compel arbitration By John R. Schleppenbach Alternative Dispute Resolution, May 2009 The reach of an arbitration agreement or clause can in practice extend far beyond just the parties who physically signed it.

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