Mandatory Arbitration of Shareholder Class Action Lawsuits
Revisiting ProfessorBainbridge.com
A friend and fellow corporate law professor sent along this email this morning:
Steve,
Your move to substack is quite disruptive for those of us looking for your older posts! Are they still online somewhere? In particular, I’m looking for your old post on mandatory arbitration provisions as the issue has come alive again, thanks to Paul Atkins.
As many of you may remember, I used to have a blog—ProfessorBainbridge.com—that was hosted by TypePad. When I switched to Substack, I planned to leave the old blog up as an archive. After all, I had been posting there for two decades. But that plan blew up when TypePad shut down back in September. I debated moving the blog to WordPress, but opted not to do so.
Fortunately, you can find my old posts at the Wayback Machine internet archive. As a public service, I offer links to my old posts on mandatory arbitration here.
Unfortunately, it is not entirely clear to which post my friend is referring. So here are some possibilities:
Is Carlyle even less shareholder friendly than the Green Bay Packers? Is that a bad thing? Although this is a 2012 post, it’s probably the one to which my friend refers, as it argues that “In sum, FREEDOM OF CONTRACT + SUPREME COURT POLICY FAVORING ARBITRATION + MARKET WILL PRICE TERMS = the SEC policy is wrong. Mandatory arbitration clauses ought to be enforced as to both state and federal claims.”
Might the SEC permit mandatory arbitration clauses in corporate charters? But it is mostly quotes from Ann Lipton.
More on Mandatory Arbitration Bylaw or Charter Provisions. But it is mostly quotes from Kevin Lacroix.
The SEC should authorize mandatory arbitration of shareholder class action lawsuits. But that post is mostly quotations from a Bloomberg news report and and article: Bondi, Bradley J., Facilitating Economic Recovery and Sustainable Growth through Reform of the Securities Class-Action System: Exploring Arbitration as an Alternative to Litigation (2010). Harvard Journal of Law and Public Policy, Vol. 33, pp. 607-638, 2010. Available at SSRN: https://ssrn.com/abstract=1601305
Jim Hamilton: Business Groups Urge Third Circuit to Allow Arbitration by Sitting Delaware Chancery Court Judges: Unlikely as this is just a quotation from another blog.