BLT: July 2011



Business & Corporate

Hanging by a Thread: Finding Arbitrability without Clear Evidence of a Contract

This article addresses a little-known body of law arising under the Federal Arbitration Act (as well as various state laws) that may find parties to a business negotiation binding themselves to arbitration as a dispute resolution forum even though their dealings never result in a fully binding contract on the larger substantive deal terms. The author also offers drafting tips for contractual arbitration provisions.


Business & Corporate

KEEPING CURRENT: U.S. Supreme Court Limits Reach of Primary Liability in Securities Fraud Cases

The author reviews the Supreme Court’s recent decision in Janus Capital Group v. First Derivative Traders which held that an investment adviser did not "make" statements contained in prospectuses of the adviser's mutual fund clients, even though the adviser may have assisted the mutual funds in preparing the statements. The article goes on to assess the implications both inside and outside the world of mutual funds and advisers.