Securities Arbitration and FINRA Enforcement Actions
In addition to our experience litigating matters in federal court involving private securities actions and SEC enforcement actions on behalf of financial institutions, broker-dealers, financial advisors, and other securities industry firms and professionals, we also represent these clients in FINRA arbitration proceedings in a wide variety of industry-specific matters. FINRA arbitration panels generally hear two types of matters: those brought by FINRA’s Enforcement Division and non-enforcement matters involving disputes between and among securities industry firms and professionals involving a wide array of industry-related matters.
For industry professionals facing a request for documents or written responses to inquiries, known as 8210 Requests, a mishandled response can mean the difference between a quick resolution and the matter being elevated to an investigation. Formal FINRA investigations typically will involve an “on the record” statement, known as an OTR, which is similar to a deposition, followed by a Wells Notification if FINRA finds sufficient evidence to issue a formal charge. We understand how to respond to these inquiries and advise and prepare you along the way to mitigate—if not eliminate—client exposure and bring these investigations to a close. In the event FINRA brings a charge, we have the experience to point out deficiencies in FINRA’s evidence to, again, mitigate client exposure or vigorously challenge that evidence in an arbitration proceeding.
In addition to FINRA Enforcement Inquiries, we successfully handle cases involving brokers and financial advisors involving non-compete agreements, partnership and employment disputes, and promissory note and employee forgivable loan FINRA arbitration cases, and investor claims based on fraud, negligence, unsuitability, and breach of fiduciary duty, among others.