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The article discusses the U.S. Court of Appeals for the Eleventh Circuit case Wiand v Schneiderman wherein the Court found conflicts in the distribution of assets under the Ponzi scheme of hedge fund manager Arthur Nadel on February 10, 2015. The court held that clawback suits are not exempt from arbitration under the U.S. Federal Arbitration Act (FAA). The court upheld the decision of the lower court regarding enforcement of the arbitration agreements.

The article examines the ramifications of the U.S. Supreme Court ruling on the case of the University of Texas Southwestern Medical Center v. Nassar in 2013 in relation to the Civil Rights Act of 1964. Topics mentioned include Title VII of the bill, an increase in the number of claims filed with the U.S. Equal Employment Opportunity Commission from 2000 to 2012 alleging unlawful retaliation under Title VII, and the 1997 U.S. Supreme Court case Robinson v. Shell Oil Co.