FINRA's Reclassification of Arbitrators Overview Who sits in judgment? What are their qualifications? How involved have they been in the securities industry? Since the 1980s, when securities arbitration changed from a voluntary to a mandatory process, practitioners,...
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Brokers are People Too – Expunging Matters From BrokerCheck Report
The Problem FINRA's television commercials extol the need to check out a broker's employment history and possible customer complaints and arbitrations on its BrokerCheck Report [See http://brokercheck.finra.org/] What if, on that public Report, there's a customer...
Discovery Obligations in FINRA Arbitration
Discovery Obligations in FINRA Arbitration While most cases turn on "he said/she said" and the credibility of the parties, if you are able to support your assertions with documents, that goes a long way in turning the tide in your favor at an arbitration hearing....
Presenting Your Narrative to the Arbitrators – How to Win Their Empathy
Securities arbitration differs greatly from a typical civil court action. Recognizing these differences when presenting your case can be the difference between a monetary Award and having your case dismissed. Unlike court, where your target audience is a jury of...
Was My Broker’s Recommendation Suitable for Me?
You get a call from your stockbroker saying he's found an incredible buying opportunity for you - an undervalued penny stock, a private placement, a non-public REIT or the like. After giving you some more details on why he recommends adding this new investment to your...
Direct Communications With FINRA Arbitrators
Make Direct Communication Mandatory! That issue should be on the front burner of the FINRA DR Task Force. Under the Direct Communication Rule [see Customer Arbitration Rule 12211], the parties and the Panel have the ability to communicate directly and not through the...