![]() TD Ameritrade, Inc. involved three defendants: an accountant, an investment management company (Oakwood), and a broker-dealer (TD Ameritrade). Three Defendants, Two Arbitration Agreements Mastick v. Particularly for companies that face consumer litigation potentially involving multiple defendants, the case illustrates the importance of drafting choice-of-law provisions with arbitration in mind. ![]() In the same case, however, the court required arbitration of claims against a different defendant because that defendant's agreement contained a Nebraska choice-of-law provision. The California Court of Appeal recently upheld the denial of a motion to compel arbitration because the parties' arbitration agreement contained a choice-of-law provision selecting California law without also selecting applicable federal law - specifically, the Federal Arbitration Act (FAA).
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