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On Wall Street
August 1, 2009
Helen Kearney
Death Knell for Mandatory Arbitration The meltdown on Wall Street, along with the raft of Ponzi schemes, have created a renewed regulatory zeal on the part of the government towards financial advisors. This all begs a major question: Is this the end of mandatory arbitration? 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, 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
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
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.
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
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.
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.
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
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.
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.
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.
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.
April 1, 2005
Richard A. Roth
Keep It Dark Though one function of the NASD is to police its member firms and protect investors, another of its functions is to provide a fair and just arbitration forum for dispute resolution. The NASD should protect the sanctity of the process by ensuring that all parties are treated equally and fairly. 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
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
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
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
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
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
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.
December 18, 2002
Rick Weinberg
Supreme Court Favors Arbitration in Brokerage Cases The Supreme Court has reaffirmed its stance that the arbitration forum is the proper venue for deciding brokerage cases. 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.
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
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
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
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
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
Financial Planning
November 1, 2009
Robert Pozen
Think Twice Congress is seriously debating legislation that would significantly expand the coverage of the Investment Advisers Act, empower the SEC to make rules on advisor compensation and increase the likelihood of lawsuits against advisors. mark for My Articles similar articles
Job Journal
December 7, 2003
Michael Kinsman
The Arbitration Option More and more workplace disputes are going to arbitration. 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
On Wall Street
October 1, 2009
Alan J. Foxman
Crossing the Line in Your Relationships with Clients Q&A: What privileges can a firm give a client?... Can a financial advisor borrow money from a bank that is a client?... Arbitration claims about promissory note... Must I tell my employer annuities I've sold through a third-party vendor?... mark for My Articles similar articles
The Motley Fool
October 19, 2006
S.J. Caplan
When Brokers Break the Rules Investors do have some recourse if they feel they've been duped, and that recourse is on sale this month. mark for My Articles similar articles
Registered Rep.
December 1, 2004
The Promise Keepers Is arbitration the answer to this broker's woe?... Should a former employer pay defense costs for broker being sued while employed with that firm?... 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
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 1, 2006
Unbreakable Promises Q: Isn't it standard in the industry to prorate notes over the entire period employed? Do we have any recourse?... A: It's way too late in the game for you to be wondering about how proration of promissory notes works in the industry... etc. mark for My Articles similar articles
On Wall Street
September 1, 2008
McMorris
Taking Responsibility in Turbulent Times Accountability has quickly become the watchword of Wall Street these days. mark for My Articles similar articles
Registered Rep.
September 10, 2002
Rick Weinberg
Pitt Tells NASD, NYSE to Hear California Arbitration Cases Pitt told the exchanges in a letter dated Sept. 5 that they have to "immediately" provide California investors access to arbitration panels in the state or some other forum to dispute claims. 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
On Wall Street
October 1, 2012
Lorie Konish
Settlement May Not End Merrill Lynch's Deferred Compensation Woes Exemptions and the chance to opt out have lawyers predicting the $40 million proposed deferred compensation plan settlement will not cease litigation against Merrill Lynch. 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
On Wall Street
April 1, 2013
Alan J. Foxman
Debunking Arbitration Rules Our legal expert discusses whether brokerage firms have to report arbitration actions against them. mark for My Articles similar articles
Registered Rep.
September 4, 2013
David Armstrong
Editor's Letter: September 2013 Most advisors decide to move not because they are wooed to greener pastures, but because pain points inside their current environment have become too great. 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
Registered Rep.
April 29, 2013
David Armstrong
Editor's Letter: May 2013 The editor comments on eliminate mandatory arbitrations in conflicts between advisors and clients, plummeting advisor confidence, and a correction to a story about investing in Europe. mark for My Articles similar articles
On Wall Street
December 1, 2009
Alan J. Foxman
Don't Ask, Don't Bill Q&As: FINRA arbitration... Can a former client who made money sue a firm?... 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
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