What is FINRA arbitration?

FINRA arbitration is a method of resolving disputes between investors and brokerage firms or financial advisors outside the court system. It involves a neutral third party, an arbitrator, who reviews the case and makes a binding decision.

Why choose arbitration over litigation?

Arbitration is typically faster, less formal, and more cost-effective than litigation. It also provides a final resolution to disputes, with limited grounds for appeal. Most relationships with financial advisors are formalized by entering into a contract which contains a dispute resolution clause. Nationally, most dispute resolution clauses provide for FINRA arbitration.

Who can file a FINRA arbitration claim?

Investors, brokerage firms, and financial advisors can file a FINRA arbitration claim if they have a dispute related to securities or investment activities. FINRA arbitration is normally the forum for disputes among registered persons, brokerage firms and the public customer clients of the firms.

How do I start the FINRA arbitration process?

To start the arbitration process, Bakhtiari & Harrison will file a Statement of Claim with FINRA, detailing the nature of the dispute, the parties involved, and the relief sought.

What is a Statement of Claim?

A Statement of Claim is a written document submitted by the claimant outlining the facts of the dispute, legal claims, and the desired outcome.

What happens after filing the Statement of Claim?

After filing, the respondent has 45 days to answer the Statement of Claim. The answer must address the claims and may include counterclaims or other relief sought.

What fees are involved in FINRA arbitration?

Fees include filing fees, hearing session fees, and possibly member surcharges or process fees, depending on the specifics of the case.

Can I represent myself in FINRA arbitration?

Yes, you can represent yourself, but many choose to hire an attorney with experience in securities arbitration due to the complexity of the process. Investors and industry professionals who choose to represent themselves do so at a substantial disadvantage, Wall Street firms typically retain experienced professional counsel to represent their interests.

How are arbitrators selected?

Arbitrators are selected through the Neutral List Selection System (NLSS), which provides a list of potential arbitrators. Both parties rank and strike names to agree on a panel.

What qualifications do FINRA arbitrators have?

FINRA arbitrators include attorneys, accountants, financial professionals, and public members who have undergone training and meet FINRA’s qualification standards.

How long does the arbitration process take?

The process typically takes 12-18 months from filing to the final award, but this can vary based on case complexity and scheduling. Preference may be given to investors that are seriously ill or elderly.

What is a prehearing conference?

A prehearing conference is a meeting between the parties and the arbitrators to discuss procedural issues, set a schedule, and address preliminary matters including final FINRA arbitration hearing dates.

What is discovery in arbitration?

Discovery is the exchange of documents and information between the parties to prepare for the hearing. It is more limited than in litigation.

What happens during the arbitration hearing?

During the hearing, both sides present evidence, call witnesses, and make arguments. The arbitrators then deliberate and render a decision.

Is the arbitration hearing open to the public?

No, arbitration hearings are private and confidential. Only the parties, their representatives, and the arbitrators may attend.

Can I settle my case before the hearing?

Yes, parties can settle at any time before the arbitrators render a decision, often through negotiation or mediation.

What is mediation in the context of FINRA arbitration?

Mediation is a voluntary process where a neutral mediator helps the parties negotiate a settlement. It is separate from arbitration and non-binding.

What happens if I lose in arbitration?

If you lose, the arbitrator’s decision is final and binding. There are limited grounds for challenging the award in court.

Can I appeal an arbitration decision?

Generally, you cannot appeal an arbitration decision. However, you can seek to vacate the award on very narrow grounds, such as arbitrator misconduct.

What types of disputes are resolved through FINRA arbitration?

Disputes include claims of fraud, breach of fiduciary duty, negligence, breach of contract, and other issues related to securities and investments.

How are damages determined in arbitration?

Damages are determined based on the evidence presented, including financial records, expert testimony, and the specifics of the case.

Can arbitrators award attorney’s fees?

Arbitrators can award attorney’s fees if provided for by law, contract, or if both parties request it.

How do I enforce an arbitration award?

An arbitration award can be enforced in court through a confirmation process, making it a judgment that can be collected.

What is expungement in FINRA arbitration?

Expungement is the process of removing information from a broker’s record on the Central Registration Depository (CRD) system. It is only granted under specific conditions.

What are the grounds for vacating an arbitration award?

Grounds for vacating an award include arbitrator bias, fraud, corruption, or misconduct, as well as exceeding their powers.

Are arbitration awards public?

Yes, arbitration awards are published on FINRA’s website, providing transparency and access to past decisions.

What is the role of the Office of Dispute Resolution?

The Office of Dispute Resolution administers arbitration and mediation cases, ensuring that the process runs smoothly and efficiently.

What is a Simplified Arbitration?

Simplified Arbitration is for cases involving claims of $50,000 or less, allowing for a quicker and less expensive resolution without a hearing.

Can I request an expedited hearing?

Yes, in certain circumstances, such as elderly or seriously ill parties, you can request an expedited hearing.

What is the role of an arbitrator?

An arbitrator acts as a neutral decision-maker, reviewing evidence, hearing testimony, and issuing a binding decision on the dispute.

How do I prepare for an arbitration hearing?

Preparation involves gathering evidence, preparing witnesses, and developing a clear case strategy to present to the arbitrators.

What types of evidence are admissible in arbitration?

Evidence can include documents, emails, financial records, expert reports, and witness testimony, subject to the arbitrators’ discretion.

Can I request documents from the other party?

Yes, through the discovery process, you can request relevant documents and information from the other party to support your case.

How does FINRA handle conflicts of interest with arbitrators?

FINRA requires arbitrators to disclose any potential conflicts of interest, and parties can object to arbitrators they believe are biased.

What happens if a party does not comply with discovery?

If a party does not comply, the other party can file a motion to compel, asking the arbitrators to order compliance and possibly impose sanctions.

What is a motion in arbitration?

A motion is a formal request for the arbitrators to make a ruling on a specific issue, such as compelling discovery or dismissing a claim.

Can I request interim relief in arbitration?

Yes, you can request interim relief, such as temporary restraining orders or injunctions, to preserve the status quo pending the final decision.

How are hearing locations determined?

Hearing locations are typically determined by the location of the claimant unless both parties agree to a different venue.

What is a telephonic or virtual hearing?

Telephonic or virtual hearings are conducted via phone or video conference, allowing parties to participate remotely.

How are arbitration awards paid?

Awards are typically paid by the losing party within 30 days of the decision, unless otherwise specified by the arbitrators.

What if the losing party does not pay the award?

If the losing party does not pay, you can seek enforcement through the courts, turning the award into a legally enforceable judgment.

Are there any limits on the types of claims I can bring in arbitration?

FINRA arbitration covers a broad range of claims related to securities, but there are some statutory and regulatory limits on certain types of claims.

Can I bring a class action in FINRA arbitration?

No, class actions are not permitted in FINRA arbitration. However, you can join other claimants in a single arbitration if the claims are similar.

What is the role of expert witnesses in arbitration?

Expert witnesses can provide specialized knowledge and opinions to help explain complex financial issues to the arbitrators.

How are hearing dates scheduled?

Hearing dates are scheduled based on availability of the parties and arbitrators, with consideration for the complexity of the case.

Can I request a different arbitrator if I believe one is biased?

Yes, you can challenge an arbitrator if you believe they have a conflict of interest or bias that affects their impartiality.

What is a “chairperson” in a FINRA arbitration panel?

The chairperson is the lead arbitrator who manages the procedural aspects of the case and ensures the hearing runs smoothly.

How does FINRA ensure fairness in arbitration?

FINRA has rules and procedures in place to ensure a fair and impartial process, including arbitrator training and disclosure requirements.

How do I learn more about the FINRA arbitration process?

For more information, you can visit FINRA’s website, contact their Office of Dispute Resolution, or consult with experienced attorneys like those at Bakhtiari & Harrison.

How can Bakhtiari & Harrison help with FINRA arbitration?

Bakhtiari & Harrison can assist with filing claims, responding, selecting arbitrators, discovery, hearings, and ensuring the best possible outcome through skilled representation and strategic advice.

Wedbush Securities Investment Lawyer

Wedbush Securities is a prominent financial services and investment firm based in the United States. With a history spanning more than six decades, Wedbush has built a reputation for providing comprehensive solutions to individual, institutional, and corporate clients. This blog explores the firm’s history, regulatory profile, and key business metrics to provide a thorough understanding of its operations.

History of Wedbush Securities

Founded in 1955 by Edward Wedbush and Robert Werner, Wedbush Securities began as a small partnership focused on creating investment opportunities for clients. Over the years, the firm expanded its services to include brokerage, investment banking, research, and asset management. Headquartered in Los Angeles, California, Wedbush Securities has grown into one of the largest privately held financial institutions in the country.

With a mission to empower clients through exceptional service and innovative financial solutions, Wedbush has maintained its independence, allowing it to focus on long-term growth and client-centric strategies.

Key Business Metrics

CRD Number

Wedbush Securities is registered under CRD number 877. This identification number is used by regulatory bodies to monitor the firm’s compliance and registration status.

Number of Regulatory Events

According to BrokerCheck and the firm’s CRD record, Wedbush Securities has been involved in approximately 50 regulatory events. These events range from supervisory issues to compliance matters, reflecting the complexities of operating in the highly regulated financial services industry. The firm has taken steps to address these matters and strengthen its compliance protocols.

Number of Employees

Wedbush Securities employs approximately 900 professionals across its offices nationwide. These employees include financial advisors, investment bankers, and support staff, all dedicated to delivering tailored financial solutions to a diverse client base.

Assets Under Management (AUM)

Wedbush Securities oversees approximately $14 billion in assets under management (AUM) as of 2023. This figure highlights the firm’s capability to manage significant portfolios for individual and institutional clients.

Revenue

Wedbush Securities generates approximately $400 million in annual revenue. This revenue stems from a diversified range of services, including brokerage, wealth management, investment banking, and proprietary trading.

Regulatory and Compliance Landscape

As a regulated broker-dealer and registered investment adviser, Wedbush Securities operates under the oversight of the Financial Industry Regulatory Authority (FINRA) and the Securities and Exchange Commission (SEC). The firm’s commitment to compliance and transparency is evident in its ongoing efforts to meet regulatory standards.

Notable Regulatory Issues

Wedbush Securities has faced regulatory actions related to supervisory and compliance challenges. These issues have included violations of order execution rules and failures in supervisory oversight. While these actions have resulted in fines and settlements, the firm has demonstrated a commitment to improving its compliance infrastructure to mitigate future risks.

Customer Complaints

Customer complaints against Wedbush Securities are addressed through established resolution processes, including internal reviews, mediation, and arbitration. The firm’s proactive approach to resolving disputes helps maintain trust and credibility among its clients.

Commitment to Client Success

Wedbush Securities is dedicated to empowering its clients by offering a wide array of financial services. The firm provides personalized wealth management, equity research, and investment banking solutions tailored to meet the unique needs of individuals, corporations, and institutions. Wedbush’s robust technological infrastructure and access to proprietary research further enhance its value proposition.

In addition to its client-focused services, Wedbush supports its financial advisors with comprehensive training, cutting-edge technology, and marketing resources. This enables advisors to deliver high-quality financial advice and build long-lasting client relationships.

Customer Experience and Reputation

Wedbush Securities has earned a mixed reputation in the financial services industry. While the firm is recognized for its strong research capabilities and diverse service offerings, it has also faced criticism related to compliance issues and customer service. Prospective clients and advisors are encouraged to conduct thorough due diligence to ensure that Wedbush’s offerings align with their financial needs and goals.

Looking Ahead

Wedbush Securities continues to adapt to the evolving financial landscape by investing in technology, expanding its service offerings, and strengthening its regulatory compliance framework. The firm’s focus on innovation and client-centric solutions positions it for sustained growth in a competitive industry.

Final Thoughts

Wedbush Securities stands out as a significant player in the financial services sector, offering a comprehensive suite of investment and wealth management solutions. Despite facing regulatory challenges, the firm remains committed to improving its operations and delivering value to its clients.

Whether you are an individual investor, an institutional client, or a financial professional seeking partnership opportunities, Wedbush Securities offers a platform designed to help you achieve your financial objectives. For more information, explore the firm’s services and discover how they can align with your goals contact Bakhtiari & Harrison.