Practical Law’s GC Agenda Interviews Kelley Drye Chairman Paul McCurdy
October 2014

Kelley Drye Chairman Paul McCurdy provides guidance and insight on the recent Second Circuit decision that mandated FINRA arbitration may be overcome by a different forum selection clause in broker-dealer agreements. This ruling potentially creates a serious conundrum for FINRA member firms because FINRA may bring an enforcement action against a company that expressly avoids the arbitration mandate. Until this issue is clarified by FINRA or the courts, counsel should proceed with caution.

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