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SHAFFER v. MERRILL LYNCH, PIERCE, FENNER & SMITH

No. C 11-0303 CRB.

779 F.Supp.2d 1085 (2011)

Bradford SHAFFER, Plaintiff-Petitioner, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Chair and Committee Members, Management, Development and Compensation Committee, Board of Directors of Merrill Lynch & Co., Inc., and Merrill Lynch & Co., Inc., Defendants-Respondents.

United States District Court, N.D. California.

April 1, 2011.

Attorney(s) appearing for the Case

William Ivar Edlund , Howard Ira Miller , Robert H. Bunzel , Bartko Zankel Tarrant & Miller a Professional Corporation, San Francisco, CA, for Plaintiff-Petitioner.

Victoria L. Boesch , Terry Edward Sanchez , Munger Tolles & Olson LLP, San Francisco, CA, Christin Choi , Michael J. Fortunato , Rubin Fortunato and Harbison P.C., Paoli, PA, for Defendants-Respondents.

ORDER GRANTING MOTION TO CONFIRM AND CORRECT ARBITRATION AWARD AND DENYING MOTION TO VACATE ARBITRATION AWARD

CHARLES R. BREYER, District Judge.

This case presents the issue of whether a neutral arbitrator is required to disclose his use of two private research attorneys. The Court concludes that the best practice is to disclose the arbitrator's plan to use research attorneys and give the parties an opportunity to object in advance. That is not what happened...

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