Rethinking Statutory Antiwaiver Provisions Following the Lloyd's of London Litigation

Authors

Mark J. Loewenstein, University of Colorado Law SchoolFollow

Document Type

Article

Publication

Securities Regulation Law Journal

Year

1999

Citation Information

Mark J. Loewenstein, Rethinking Statutory Antiwaiver Provisions Following the Lloyd's of London Litigation, 27 Sec. Reg. L.J. 48 (1999), available at https://scholar.law.colorado.edu/faculty-articles/830.

Abstract

In the Lloyd's of London cases, the United States Courts of Appeals upheld certain forum-selection clauses that effectually deprived investors of the protections of the federal securities laws as if the investors had expressly waived those protections. This article examines statutory antiwaiver provisions in light of the Lloyd's cases, exploring the effect those provisions have on the administration of the federal securities laws, and suggests that the law be amended to allow contractual waiver in certain circumstances.

Comments

"Copyright 1999-2006 by Thomson Reuters. All rights reserved. Reprinted by permission of Thomson Reuters/West from Securities Regulation Law Journal."

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