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.

The Uncompensated Risk of Overconcentration of An Equity Portfolio

Understanding Overconcentration

Overconcentration occurs when an individual’s investment portfolio is heavily weighted in a single asset or asset class. In the context of equity compensation, this often means holding a substantial amount of one’s employer’s stock. Financial advisors generally recommend that no more than 10-20% of an individual’s portfolio be allocated to a single stock to maintain adequate diversification. Exceeding this threshold can lead to increased exposure to company-specific risks, which can significantly impact overall financial health.

The Risks of Overconcentration

Market Volatility: Holding a large position in a single stock makes an individual vulnerable to significant price swings. If the employer’s stock experiences a downturn due to market conditions, company performance issues, or industry-specific challenges, the individual’s portfolio can suffer substantial losses.
Employment and Financial Stability: An individual’s income and investment portfolio are both tied to the same company. If the company faces financial difficulties, it could lead to job loss and a decline in the value of the stock holdings simultaneously, compounding the financial impact.
Opportunity Cost: Investing heavily in one stock may result in missed opportunities to invest in other assets with better risk-adjusted returns. Diversifying investments can provide exposure to a broader range of growth opportunities across different sectors and asset classes.
Tax Implications: Equity compensation can have complex tax consequences. For instance, RSUs are typically taxed as ordinary income upon vesting, and selling a large number of shares can push an individual into a higher tax bracket. Additionally, holding a concentrated stock position may lead to higher capital gains taxes upon sale.

Strategies to Mitigate Overconcentration

Diversification: Building a diversified portfolio is crucial. This involves spreading investments across various asset classes, sectors, and geographies to reduce reliance on a single stock’s performance. Investing in broad market index funds or exchange-traded funds (ETFs) can be an effective way to achieve diversification.
Regular Portfolio Rebalancing: Periodically reviewing and adjusting the investment portfolio ensures that it remains aligned with financial goals and risk tolerance. If a particular stock has grown to represent a larger portion of the portfolio than desired, selling a portion of that holding and reallocating the proceeds can help maintain the desired asset allocation.
Selling Employer Stock: While it may be challenging due to emotional attachment or loyalty to the employer, selling portions of company stock holdings can be a prudent strategy to reduce overconcentration. It’s essential to be aware of any company-imposed trading restrictions or blackout periods and to plan sales accordingly.
Utilizing Hedging Strategies: For those who wish to retain their employer’s stock but mitigate potential downside risk, hedging strategies such as options can be employed. However, these strategies can be complex and may require professional guidance.
Tax Planning: Engaging in proactive tax planning can help manage the tax implications of selling concentrated stock positions. Strategies such as tax-loss harvesting, charitable donations of appreciated stock, or spreading sales over multiple tax years can be beneficial. Consulting with a tax professional is advisable to navigate these complexities.

Considerations Before Selling Company Stock

Before deciding to sell employer stock, consider the following:

Vesting Schedules: Ensure that the shares are fully vested and free from any restrictions that could impact the ability to sell.
Company Policies: Be aware of any insider trading policies, blackout periods, or other restrictions that may limit the ability to sell shares.
Market Conditions: Assess current market conditions to determine an optimal time to sell, aiming to maximize proceeds while minimizing potential negative impacts.
Financial Goals: Align the decision to sell with personal financial objectives, such as purchasing a home, funding education, or planning for retirement.

The Importance of Professional Guidance

Navigating the complexities of equity compensation and managing the risks of overconcentration can be challenging. Engaging with financial advisors who specialize in this area can provide personalized strategies tailored to individual circumstances. They can assist in developing a comprehensive financial plan that addresses investment diversification, tax planning, and alignment with long-term financial goals.

While equity compensation offers the opportunity to share in the success of one’s employer, it also necessitates careful management to avoid the pitfalls of overconcentration. By implementing diversification strategies, regularly rebalancing the portfolio, and seeking professional advice, individuals can mitigate risks and work towards achieving their financial objectives.

Why Bakhtiari & Harrison

If you are concerned about overconcentration in your investment portfolio due to equity compensation, the experienced professionals at Bakhtiari & Harrison are here to help. We focus on providing tailored FINRA arbitration and litigation strategies to manage equity overcompensation and reduce associated risks. Contact us today to schedule a consultation and take the first step towards a more diversified and secure financial future.