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.

What Does a Securities Litigator Do?

Securities law is a specific area of legal practice that governs the complex financial markets. Within this field, securities litigators play a vital role in resolving disputes and addressing violations of securities regulations. Securities litigation can arise from a variety of issues, including fraud, insider trading, market manipulation, or corporate governance disputes. A securities litigator is a legal professional who handles these disputes, representing clients in court or through arbitration.

In this blog, we will look at the duties of a securities litigator. We will also discuss the types of cases they handle. Finally, we will explain why their role is important for keeping the financial markets fair.

The Role of a Securities Litigator

A securities litigator specializes in resolving legal disputes that involve securities, such as stocks, bonds, and other investment vehicles. These disputes often stem from allegations of wrongdoing, violations of securities laws, or conflicts between investors and companies.

The primary responsibilities of a securities litigator include:

Assessing Claims and Defenses When a client faces a securities dispute, the first step for a securities litigator is to assess the merits of the case. This involves reviewing evidence, analyzing the legal issues, and determining whether the client has valid claims or defenses. For plaintiffs, this might mean assessing whether they have a case for fraud or breach of fiduciary duty. For defendants, it could involve evaluating whether the allegations against them are legally sound.
Litigating Securities Fraud Cases One of the most common types of cases that securities litigators handle is securities fraud. This occurs when an individual or company deceives investors for financial gain.
Fraud can happen in many ways. It includes making false claims about a company’s finances. It can also involve changing stock prices or running Ponzi schemes. In these cases, a securities litigator will represent either the plaintiff (the party that claims to have been defrauded) or the defendant (the party accused of committing the fraud).
The litigator’s job is to build a strong case by gathering evidence, interviewing witnesses, and analyzing financial records. They must prove that the defendant intentionally misled investors and that this deception led to financial losses.
Handling Breach of Fiduciary Duty A breach of fiduciary duty occurs when a financial advisor, broker, or company executive fails to act in the best interests of their clients or shareholders. Securities litigators often represent clients in cases where a fiduciary’s actions have caused financial harm. For example, if a financial advisor makes investments that benefit them personally at the expense of their client, this could lead to litigation.
Securities litigators are tasked with proving that the fiduciary breached their duty by acting negligently or dishonestly, and that this breach resulted in financial damages to the client.
Insider Trading and Market Manipulation Cases Insider trading and market manipulation are serious violations of securities laws that can lead to both civil and criminal penalties. Insider trading occurs when someone with confidential information about a company trades its securities before that information becomes public, giving them an unfair advantage. Market manipulation involves actions that artificially inflate or deflate the price of a security, creating a false market.
In these cases, securities litigators often work closely with regulators like the Securities and Exchange Commission (SEC) to investigate and prosecute wrongdoers. If representing a defendant, the litigator’s role is to defend against the allegations by challenging the evidence and legal arguments presented by the prosecution.
Arbitration and Mediation Not all securities disputes go to court. Many are resolved through arbitration or mediation, which are alternative dispute resolution (ADR) methods. Arbitration is a private process where a neutral third party (the arbitrator) makes a binding decision after hearing both sides of the case. Mediation, on the other hand, involves a mediator who helps both parties reach a voluntary settlement.
Securities litigators are well-versed in these ADR methods, and they often represent clients in arbitration proceedings before the Financial Industry Regulatory Authority (FINRA). Arbitration is commonly used in disputes between investors and brokers or financial advisors, especially when the parties have agreed to arbitration clauses in their contracts.
Representing Corporate Clients in Class Actions Securities class actions are lawsuits brought by a group of investors who claim to have been harmed by the actions of a company or its executives. These lawsuits can arise from fraud, misstatements in financial reports, or other violations of securities laws. Securities litigators often represent companies in defending against these class action lawsuits.
In such cases, the stakes are high, as a ruling in favor of the plaintiffs could lead to substantial financial penalties for the company. A securities litigator’s job is to minimize the damage by contesting the class action, negotiating settlements, or defending the company in court.
Regulatory Investigations In addition to handling private disputes, securities litigators often deal with regulatory investigations conducted by agencies like the SEC or the Commodity Futures Trading Commission (CFTC). These investigations may be triggered by allegations of wrongdoing, and they can lead to civil enforcement actions or criminal charges.
Securities litigators represent clients during these investigations, ensuring that their rights are protected and that they comply with any requests for information or documentation. If the investigation leads to legal action, the litigator will defend the client in court or negotiate settlements with the regulatory agency.

Why You Might Need a Securities Litigator

Whether you are a company, a financial advisor, or an investor, there are several reasons you might need the services of a securities litigator:

To resolve disputes involving investment fraud or market manipulation.
To defend against regulatory investigations or enforcement actions.
To protect your interests in a securities class action lawsuit.
To pursue a claim for breach of fiduciary duty or fraud.

Securities law is very specialized. It is important to have a skilled lawyer to help you. They can guide you through these complex cases. This support can lead to a better outcome.

Why Bakhtiari & Harrison?

If you have a securities dispute or legal problems with investment fraud, a securities litigator can assist you. They can assist with regulatory investigations or breaches of fiduciary duty. At Bakhtiari & Harrison, we are experienced in handling securities litigation cases and are committed to protecting our clients’ rights. Contact us today to discuss your situation and explore how we can assist with your legal needs. Let us help you navigate the complexities of securities law and achieve the best possible outcome for your case.