April 2020 – Terry Brennan Law

The Nature and Extent of Arbitral Immunity

While the COVID-19 pandemic has shuttered much of the country’s judicial machinery, courts have released opinions on matters argued prior to the stoppage. Two recent federal court opinions – Cherdak, out of the D.C. District[1] and Lanza, decided by the First Circuit[2] – touched on an issue with relevance to financial professionals: arbitral immunity. This …

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On Duty: Private Security Companies and the Threshold Element of a Negligence Claim

Imagine the following hypothetical. The owner of an ice rink, where a famous figure skater trains, hires a private security company. The owner’s main concern is that the rink has become overwhelmed with onlookers. These crowds swell beyond the building’s capacity, exposing him to large fines for violating the town’s building code. In addition, the …

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