Arbitration

Mandatory Arbitration of Securities Claims: Pros and Cons, Winners and Losers

By Doug Greene on December 1, 2025

Posted in 1933 Act, 1933 Act Defense Strategy, Arbitration, D&O Insurance, D&O Insurance Brokers, Defense Costs, Defense Counsel, Litigation Reforms, Litigation Strategy, Plaintiffs' Bar, Securities Class Action, Uncategorized

In September 2025, the SEC issued a policy statement that opens the door to provisions in companies’ governing documents mandating arbitration of securities claims. Last month, Marsh’s Philip Reed and I discussed the challenges, pros and cons, and winners and losers of this development. The two videos of our discussion are in these LinkedIn posts: …

Doug Greene

Doug is one of the most experienced and successful securities and governance litigators in the United States. He defends and counsels clients in securities class…

Doug is one of the most experienced and successful securities and governance litigators in the United States. He defends and counsels clients in securities class actions, shareholder derivative actions, shareholder challenges to mergers and acquisitions, SEC investigations, and internal investigations.

D&O Discourse

Arbitration

Mandatory Arbitration of Securities Claims: Pros and Cons, Winners and Losers

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