Monday, August 11, 2008

Records Must Remain Records

It's quite normal that in security arbitration settlements that the parties agree to expunge records. Recently, in Karsner v. Lothian the US Court of Appeals for the District of Columbia questioned those practices. Although in this particular case the question presented was whether a state securities commissioner had a right to intervene to halt the confirmation of the arbitration award ordering expungement (which the Court of Appeals said she had), the language and the rest of the case suggests that the Court of Appeals was sympathetic with the state securities commissioner's arguments that such an expungement order may affect the integrity of her records.

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