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On Wall Street
October 1, 2008
Elizabeth Wine
Jury of Their Peers Under a new arbitration program, investors will be able to choose to air complaints to a panel of regular people, without the token industry insider. So why are both sides of this issue unhappy with the plan? mark for My Articles similar articles
On Wall Street
March 1, 2011
Lorie Konish
All-Public Panels Approved For Arbitrations The move may be hailed by investor groups, but other industry experts are criticizing the Securities and Exchange Commission's recent approval of a rule change that allows for the option of all-public panels in FINRA arbitrations. mark for My Articles similar articles
On Wall Street
October 1, 2009
Judith Schoolman
Five Questions with Brian Smiley Brian Smiley is president of the PIABA, which promotes the interests of investors involved in arbitration disputes against brokerage firms. In this short interview he speaks about his group's goals and why he's been so busy. mark for My Articles similar articles
Registered Rep.
May 1, 2006
French & Palmer
The Argument Over Arbitration While investment-related arbitrations are supposed to be cheaper and more expeditious than trials in civil court, many say that these advantages have diminished in recent years, and that all too often the proceedings just look like outtakes from The Gong Show. Is there a better way? mark for My Articles similar articles
Registered Rep.
January 1, 2007
Karen Donovan
Fix Arbitration Now Here are three problems that lawyers who struggle with the securities industry's arbitration system say they confront on a routine basis. For the most part, the lawyers for customers and those who represent the industry have radically different views on how to fix the system. mark for My Articles similar articles
Investment Advisor
September 2009
Thomas D. Giachetti
Expert's Corner: It Beats Getting Sued What every investment advisor should know about securities arbitration. mark for My Articles similar articles
Registered Rep.
August 9, 2006
Kristen French
NYSE Reg to Streamline Arbitration: Proposes One Arbitrator for Cases Under $200,000 The arbitration system has been under fire lately for being costly, slow and skewed in favor of the industry. This new proposal will help to alleviate those concerns. mark for My Articles similar articles
Investment Advisor
December 2007
Thomas D. Giachetti
Use Them, but Carefully By all means, place arbitration clauses in IA contracts, but do it right. mark for My Articles similar articles
Registered Rep.
July 27, 2005
Kristen French
NASD Sanitizes Arbitration Panel: Public Arbitrators Must Be Public Securities arbitration panels, which resolve the vast majority of investment disputes between clients and brokers, are typically made up of two public arbitrators and one industry arbitrator, a system that is intended to tip the scales in favor of the public. mark for My Articles similar articles
BusinessWeek
August 13, 2007
Lewis Braham
Want To Take On Your Broker? Investors' odds have shrunk in recent years. Even if you win, don't expect a windfall. mark for My Articles similar articles
On Wall Street
September 1, 2010
Mark Astarita
Denying Advisors A Legal Forum As part of the Dodd-Frank Wall Street Reform Act, Congress has given the SEC the authority to prohibit or impose conditions upon the use of pre-dispute arbitration agreements by brokerage firms and federally registered investment advisors. mark for My Articles similar articles
Registered Rep.
November 1, 2002
Carol X. Vinzant
Law & Order: Client-Broker Disputes The last couple of years have been hell on anyone who owns stock. And someone must pay. Rightly or wrongly, that person typically is the broker. mark for My Articles similar articles
Registered Rep.
January 29, 2008
Kristen French
Fuss Over Broker Expungement Continues The Public Investors Arbitration Bar Association recommends that the SEC and FINRA halt expungements, after a study finds that 98 percent of brokers seeking expungement in 2006 from an arbitrator got one. mark for My Articles similar articles
Registered Rep.
August 16, 2006
Karen Donovan
Put It in Writing: Investors Want Arbitrators to Explain Their Awards Lawyers who represent investors in securities arbitrations hope that a proposed NASD rule -- which would give them the option of demanding written explanations from arbitration panels that hear their disputes against brokerage houses -- will take effect soon. mark for My Articles similar articles
On Wall Street
August 1, 2010
Alan J. Foxman
Getting A Good Arbitrator How FINRA selects arbitrators... Arbitrators don't need intimate knowledge of the brokerage industry... mark for My Articles similar articles
BusinessWeek
August 16, 2004
Emily Thornton
The Brokers Strike Back Wall Street to investors: Beware of suing your brokers -- they might just sue you back. mark for My Articles similar articles
Registered Rep.
August 1, 2006
Gary Weiss
Institutionalized Unfairness Here the author of Wall Street Versus America discusses how the mandatory arbitration of customer disputes must be made to go away. And not just because it hurts financial advisory customers. It hurts the financial advisor equally. mark for My Articles similar articles
Registered Rep.
October 24, 2007
Karen Donovan
Arbitration Works, Says SIFMA; No It Doesn't, Says PIABA The Securities Industry and Financial Markets Association released a "white paper" today about how well the mandatory arbitration system works. SIFMA is trying to steal the thunder of the plaintiffs' bar, which is pushing Congress to nullify agreements to arbitrate in customer contracts. mark for My Articles similar articles
Registered Rep.
September 25, 2007
Karen Donovan
Expunging Customer Complaints Is Too Easy . . . So Say Client Lawyers The lobbying group of lawyers who represent customers in disputes with their brokers is calling on FINRA and the SEC to "immediately halt" the practice that allows arbitration panels to expunge customer complaints from a rep's record. mark for My Articles similar articles
Registered Rep.
March 1, 2007
Karen Donovan
Arbitration Tweaks The SEC recently tried to help improve the arbitration system by offering a new code of procedures for picking arbitrators. But as arbitration lawyers have found there was not much to get excited about. mark for My Articles similar articles
Registered Rep.
January 8, 2009
Motion To Dismiss In Arbitration? Not So Fast. Firms and advisors facing disputes in arbitration will have a tougher time getting the case dismissed thanks to a new dispute resolution rule, FINRA announced today. mark for My Articles similar articles
Investment Advisor
July 2007
Melanie Waddell
Protect Yourself It's an annoying but necessary task: here's the latest intelligence on how to guard your financial practice from both the regulators and your clients. mark for My Articles similar articles
Managed Care
June 2002
Bob Carlson
First Business, Now Health Care: Signing Away One's Right To Sue More and more, mandatory arbitration clauses are surfacing in agreements between businesses and individuals. Will the line be drawn at managed care? mark for My Articles similar articles
Commercial Investment Real Estate
Mar/Apr 2004
John A. Sherrill
Legal Briefs Commercial real estate companies are turning to alternative dispute resolution to solve disagreements with partners, suppliers, customers, and other professionals with whom they have contractual relationships. mark for My Articles similar articles
Registered Rep.
January 27, 2004
John Churchill
New Rule Makes Clearing Your Record Harder Brokers can expect a new rule that will make removing customer complaints and disciplinary actions from their public records much more difficult. mark for My Articles similar articles
Registered Rep.
May 1, 2008
Karen Donovan
The Clean Slate Club If a proposed new FINRA rule is adopted by the SEC, reps may find it harder to get potentially frivolous customer complaints wiped clean from their U4s. mark for My Articles similar articles
Registered Rep.
March 1, 2010
Halah Touryalai
Bonus Repayment Suit Turns Into Battle Over Forced Arbitration A court case over the repayment of upfront loans to brokers is turning into a legal battle over forced FINRA arbitration. mark for My Articles similar articles
On Wall Street
December 1, 2008
Alan J Foxman
Sipc Insures Select Cases Brokers are unsure what to tell clients about SIPC coverage, as well as the rationale on arbitration disputes. mark for My Articles similar articles
Registered Rep.
May 13, 2011
Bill Singer
Blaming, Naming, and FINRA Gaming Suppose that an unhappy investor didn't specifically name you in a lawsuit or arbitration when he complained about your investing advice. You'd think that would get you off the regulatory disclosure hook, right? Think again. mark for My Articles similar articles
Registered Rep.
January 25, 2007
Karen Donovan
SEC Finally Approves Overhaul of Arbitration Code: Some Lawyers Are Underwhelmed The new SEC code will bring one big change: It alters the crazy-quilt method by which the opposing sides select the three arbitrators who will serve on the hearing panel that hears a customer's dispute against a brokerage firm. mark for My Articles similar articles
Registered Rep.
February 26, 2008
David Geracioti
The Arbitration Debate Continues A new study suggests that unless you work on Wall Street, you probably don't think arbitration is very fair. mark for My Articles similar articles
Registered Rep.
October 25, 2002
Rick Weinberg
PaineWebber Appeal Rejected by Supreme Court Completing "bucking" its trend of supporting arbitration over litigation, the U.S. Supreme Court rejected a UBS PaineWebber appeal of a decision that the firm claims allows clients to circumvent arbitration agreements they had previously signed. mark for My Articles similar articles
Entrepreneur
December 2005
Chris Penttila
Bound & Gagged How will the battle over mandatory binding arbitration affect entrepreneurs? mark for My Articles similar articles
Registered Rep.
September 1, 2005
Greg Bailey
The Real Arbitration Nightmare NASD member firms frequently wield far too much influence in arbitration proceedings, and this situation could end up undermining client confidence in the industry if it persists. mark for My Articles similar articles
On Wall Street
September 1, 2008
Alan J Foxman
Court or Arbitration Sexual harassment claims can go to court under FINRA's rules, but some employment contracts call for arbitration... If I leave my firm can they get an injunction preventing me from taking my clients? Can this go to arbitration? mark for My Articles similar articles
On Wall Street
October 1, 2013
Five Questions with A. Heath Abshure A. Heath Abshure, the outgoing president of the North American Securities Administrators Association discusses his tenure. mark for My Articles similar articles
On Wall Street
September 1, 2010
Alan J. Foxman
Ponzi Schemes And Problems Paying Fines Q&A: What does it mean for advisors that records are now available to the general public online?... How will arbitration payments I must make but cannot afford right now affect my license?... more... mark for My Articles similar articles
On Wall Street
November 1, 2009
Thomas Lewis
It's Payback Time on Promissory Notes Firms have been fighting back against defecting advisors. Increasingly one of the most effective weapons in their arsenal is the enforcement of promissory notes. mark for My Articles similar articles
On Wall Street
June 1, 2010
Mark Astarita
Tilting the Litigation Landscape Against the Financial Industry Current reform proposals could radically alter the broker-client relationship. mark for My Articles similar articles
Registered Rep.
April 27, 2010
Halah Touryalai
Judge Says Citi Brokers Must Repay Bonuses; Appeal Comes Next Former Citigroup brokers, who wanted courts to dismiss debts the firm said they owed on loans awarded when they were hired, were turned down by a district court judge. But they are planning to appeal that decision. mark for My Articles similar articles
Registered Rep.
May 1, 2004
Arbitrary Decisions Q & A on work-related ethical quandaries for the investment professional. mark for My Articles similar articles
Registered Rep.
February 11, 2010
Halah Touryalai
Victory For Broker in Citi Bonus Repayment Case A former Citi broker doesn't have to pay back the full amount owed on his sign-on bonus, a FINRA arbitration panel rules. mark for My Articles similar articles
Registered Rep.
September 14, 2011
Andrew J. Haigney
Opinion: FINRA's Land Grab Provisions of the Dodd-Frank Act are effectively forcing brokerage firms to convert their retail operations to the investment advisory model. But brokers need not worry, it looks like "the fix is in." mark for My Articles similar articles
Entrepreneur
August 2007
Laurel Delaney
Finding a Middle Ground with Overseas Buyers Arbitration can settle cross-border disputes. mark for My Articles similar articles
The Motley Fool
October 5, 2007
Selena Maranjian
Credit Card Fine Print Can Cost You Be careful, or you may end up ensnared by credit card arbitration. A recent study in California showed in 95% of these arbitration cases, the consumer lost. What can you do about this? mark for My Articles similar articles
Registered Rep.
April 1, 2008
John Churchill
The Failure Chain Consider the curious and rather grotesque case of Gary J. Gross, a financial advisor from Boca Raton, Fla. Gross' U4 is close to 100 pages long, and lists 35 customer complaints. mark for My Articles similar articles
On Wall Street
October 1, 2010
Chris Kentouris
Finra Wants More Details When Someone Gets Canned Advisors, take note: FINRA wants broker-dealers to provide more detail on the reasons for dismissing an employee in reports to the regulator. mark for My Articles similar articles
Registered Rep.
January 27, 2012
Kristen French
Due Diligence: FINRA's Merrill Fine is a Tap on the Wrist This week, FINRA fined Merrill Lynch $1 million for making it hard for former brokers of the firm to fight back in bonus disputes. mark for My Articles similar articles
Registered Rep.
February 19, 2010
Christina Mucciolo
FINRA Seeks to Expand BrokerCheck, Make Some Records Permanent The Financial Industry Regulatory Authority announced it is seeking the SEC's approval to expand the amount of information made public on current and former brokers' permanent records in its free online CRD database, BrokerCheck. mark for My Articles similar articles
Registered Rep.
March 1, 2006
Whose Lawyer Is It Anyway? Q: My firm and I have been named in an arbitration filed by a former client. The firm agreed to provide me with a lawyer who is representing it, too. Do I have any reason to be concerned about this joint representation?... A: This is the classic problem that many brokers face... etc. mark for My Articles similar articles