Month: May 2022

FINRA Arbitration Suffers Reputational Setback in Suit That Highlights Unfair Expungement System

Lawyers who represent victims of investment fraud frequently criticize the FINRA arbitration process as being tilted in favor of stockbrokers. Biased arbitrators, cherry-picked by the industry and beholden to their interests, is a common complaint. A recent filing by the Alabama Securities Commission against a FINRA arbitrator for numerous violations has added credence to the claims of unfairness. According to…

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Twitter Overstating User Metrics is a Gimmick, Not a Glitch

Twitter’s latest earnings release revealed that the company overcounted its user accounts by nearly 2 million each quarter for the past three years. Twitter explained it as an internal error due to the company counting multiple accounts linked to a single user as active. In other words, Twitter counted the single user with multiple accounts as separate monetizable active users.…

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How the Supreme Court’s Ruling in Cummings v. Premier Distorts Contract Law to Gut Discrimination Law

In 2016, one of the authors of this post wrote a piece entitled “The ‘Tough Noogies’ Doctrine: Rights But No Remedies.” The article highlighted examples of then-recent Supreme Court cases denying clearly wronged individuals a remedy based on spurious reasoning. Last week’s Supreme Court decision in Cummings v. Premier Rehab Keller, P.L.L.C., 2022 WL 1243658 (Apr. 28, 2022) is a…

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