On Duty: A Franchisor’s Duty to Protect

Author’s Note: This article is part of an occasional series on liability issues facing the private security industry.  Two previous articles in the series addressed negligence claims for failure to protect a plaintiff against third-party attacks, specifically, the duty element of those claims.  These articles analyzed the duty owed by security guard companies and property [...]

Regulatory Analysis: FINRA Rule 3270 – Disclosure of Outside Business Activity (Part II)

Author’s Note: This article is part of an occasional series on specific rules and regulations governing financial professions.  It is also the second in a multi-part analysis of FINRA Rule 3270.  Part II will analyze portions of the rule’s text that were not discussed in Part I, examine the content required for a notice under [...]

Regulatory Analysis: FINRA Rule 3270 – Disclosure of Outside Business (Part I)

Author’s Note: This article is part of an occasional series on specific rules and regulations governing financial professions.  It is also the first in a multi-part analysis of FINRA Rule 3270. THE RULE FINRA Rule 3270 – Outside Business Activity of Registered Persons No registered person may be an employee, independent contractor, sole proprietor, officer, [...]

Not Exceptional Enough: Oscar Bobb’s Uselessly Close Article 19 Case

Article 19 of FIFA’s Regulations on the Status and Transfer of Players remains a tough wall to clear.  Generally, the rule bars clubs from signing foreign players under age 18, except in three limited circumstances.[1]  The most controversial of these is exception (a), which allows the transfer if the player’s parent moved to the new [...]

On Duty: Property Managers that Hire Private Security Guards

Author’s Note: This article is part of an occasional series on liability issues facing the private security industry.  The first article, On Duty: Private Security Companies and the Threshold Element of a Negligence Claim, was published on April 3, 2020.  Like the previous article, this one begins with a hypothetical: Picture a hypothetical company, which [...]

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 [...]

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 [...]

Pro/Rel Goes to Court: An Analysis of Miami FC and Kingston Stockade v. FIFA

Last month, the Court of Arbitration for Sport rejected Miami FC and Kingston Stockade’s claim against FIFA, the US Soccer Federation and Major League Soccer for violation of FIFA Article 9, which requires promotion based “principally” on sporting merit. In short, the Panel concluded Article 9 only addressed clubs' efforts to circumvent formal systems of [...]

Youth Soccer Clubs’ Lawsuit: The Challenge of Certifying Defendant Classes

NOTE: This article has been modified from an earlier version, published in August 2016.  In a March 29, 2017 order, the United States District Court for the Eastern District of Texas dismissed the featured lawsuit on jurisdictional grounds.  Nonetheless, the ruling does not change the article’s analysis of defendant class certification. In July 2016, the [...]