TENOR CAPITAL PARTNERS, LLC v. GUNBROKER.COM, LLC
The Eleventh Circuit reversed a summary judgment ruling that had shielded a financial firm from fiduciary duty claims, holding that statutory duties under the Investment Advisers Act cannot be waived by contract disclaimers. The court also reversed a jury verdict awarding the firm unjust enrichment, ruling that its financing services were inextricably linked to prior illegal investment advice, rendering the entire contract void.