Arbitration in 2017 - PowerPoint Presentation

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Arbitration in 2017

and Beyond:Making Arbitration Great Again

Podcast # 5 April 5, 2017Slide2

Disclaimer

This presentation is © 2017 Securities Arbitration Commentator, Inc. All rights reserved. No part of this document may be reproduced, transmitted or otherwise distributed in any form or by any means, electronic or mechanical, including by photocopying, facsimile transmission, recording, rekeying or using any information storage and retrieval system, without written permission from the Securities Arbitration Commentator, Inc. Any reproduction, transmission or distribution of this form or any of the material herein is prohibited and is in violation of US and international law. Securities Arbitration Commentator, Inc. expressly disclaims any liability in connection with use of this presentation or its contents by any third party. The views expressed by panelists in this webcast are not necessarily those of Securities Arbitration Commentator, Inc. The Securities Arbitration Commentator, Inc. assumes no responsibility for the content and materials presented by speakers during the webcast. We are lawyers. So there.2Slide3

2016 saw many developments in the arbitration world. The Consumer Financial Protection Bureau proposed its long-awaited arbitration rule; the Supreme Court accepted another case involving the preemptive power of the Federal Arbitration Act over state laws; several anti-arbitration bills were again introduced in Congress; the Department of Labor finalized a fiduciary rule for those offering retirement investment advice; and FINRA went to work evaluating and implementing the FINRA’s Dispute Resolution Task Force’s 51 recommendations to improve the process.

In this fast-paced Podcast, experts and practitioners in the securities dispute resolution field will discuss what the future portends for arbitration in general and securities arbitration. Introduction3Slide4

Speakers

Matthew Farley, Esq.

Former Partner

Drinker Biddle & Reath LLP

Glen Ridge, NJ

George H. Friedman, Esq.

George H. Friedman Consulting, LLC

Fordham Law School

Arbitration Resolution Services, Inc.

Teaneck, NJ

Richard “Rick” Ryder, Esq.

President

Securities Arbitration Commentator

Maplewood, NJ

Deborah Masucci, Esq.

Arbitrator and Mediator Chair, International Mediation InstituteBrooklyn, NY

Peter Mougey, Esq. ShareholderLevin Papantonio Pensacola, FLSlide5

What we will be discussing

What’s the future of Consumer Financial Protection Bureau or at least its proposed arbitration rule?

What’s the future of financial regulation?

Is the anti-arbitration movement dead?

Does President Trump favor arbitration?

What will happen to the DOL’s fiduciary rule?

The SEC’s?

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Where does the new president stand on arbitration? Is the anti-arbitration movement dead?

The Future of Financial Regulation Is Dodd-Frank long for this world? Is the CFPB long for this world? Where will we end up on a fiduciary rule? An SRO for RIAs?Where will we be 4 years from now? Discussion topics6Slide7

President Trump’s past use of arbitration

Post-election comments and actionsThe regulatory reviewWhere does the new president stand on arbitration? 7Slide8

The GOP hat trick (House, Senate, White House)

Fate of anti-arbitration bills and regulationsNew focus on fairness?SCOTUS Judge Gorsuch and arbitrationAre more vacancies coming?Is the anti-arbitration movement dead?8Slide9

Is Dodd-Frank long for this world?

Is the CFPB long for this world? Where will we end up on a fiduciary rule? An SRO for RIAs?The Future of Financial Regulation 9Slide10

Is Dodd-Frank long for this world?

 Repeal and replace is on the “First Two Hundred Days” listWill Congress leave in place the SEC's section 921 authority to ban or limit PDAA use? CFPB’s section 1028 authority?What will happen to CFPB’s proposed arbitration rule banning class action waivers?What will “replace” look like?The Future of Financial Regulation (cont’d)10Slide11

Is the CFPB long for this world?

Fate of the PHH decision – May 23 rehearingGOP bills to restructure or eliminate the CFPBWhere will we end up on a fiduciary rule? DOL’s proposed fiduciary rule is on hold: now what?Will SEC act now that DOL’s rule is in limbo (or worse)?The Future of Financial Regulation (cont’d)11Slide12

An SRO for RIAs?

 Will President Trump be amenable to FINRA as SRO for RIAs? If not, then what?Will FINRA re-examine its chances under the new regime? How about a single financial regulator?The Future of Financial Regulation (cont’d)12Slide13

The panelists’ predictions for the future…

Arbitration in the nation and around the worldWhat will financial regulation look like?Will there be a fiduciary rule?Will mandatory arbitration and class action waivers still exist?Where will we be in four years?

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Concluding RemarksDon’t forget to follow us on Twitter:

@SACDispRes (Securities Arbitration Commentator)@GFriedmanADR (George Friedman )Be sure to look for our next podcast. Conclusion14Slide15

Thank you for attending.

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Podcast # 5

April 5, 2017