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There has been a substantial increase in the number of financial advisers foregoing registration with FINRA as a registered representative in favor of becoming an investment adviser – an RIA. Depending on the structure of the firm and the size of the assets under...
You’ve suffered financial losses as a result of misconduct from your financial advisor. Whether those losses were the result of an unsuitable recommendation, undisclosed risks or unauthorized trades, you need to consult an attorney to recoup your losses from the...
In 2023, FINRA’s significant changes to its expungement procedures will be implemented, making the permanent removal of a customer complaint or arbitration from a broker’s record much more difficult to obtain from a FINRA arbitration panel. While the three limited...
A common question I encounter from potential customer clients has to do with the level of responsibility or duty their broker owed them. It typically comes as a great surprise to these customers that not all stockbrokers are legally required to act in their...
Putting your financial investments in the hands of a professional can be a great way to make the most of your money. But what if things aren’t going so well? How do you know if your broker is doing their job correctly? Negligence is one way that your broker could be...
Recommendations For Arbitrator Selection These recommendations are based on suggestions made by practitioners at the many continuing education programs I have either chaired or been a panelist on and from my own experience in arbitrator selection when representing...
The best chance your client has to prevail in a FINRA securities arbitration is not necessarily dependent on the merits of the case but on the arbitrators selected by the parties to decide the case. Like the voir dire process of jury selection, there is an art to...
Many view discovery as an onerous process involving the production of hundreds, if not thousands of pages of documents. This view is harmful to the process of securities arbitration - it discourages potential claimants from bringing valid claims and may lead...
If James Carville, a campaign strategist of Bill Clinton's 1992 presidential campaign, was on the FINRA Dispute Resolution Task Force,[1] it would surprise no one that at the top of his list for improvements would be this: It's the Arbitrators, Stupid![2] With the...
