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.

Mountain View CA Investment Fraud Lawyers

Investors often place immense trust in their financial advisors to act in their best interest. As the hub of Silicon Valley, Mountain View is home to many tech-savvy professionals and early investors who seek to grow their wealth in the dynamic financial markets. However, with this opportunity comes the risk of falling victim of investment fraud, especially when stockbrokers engage in misconduct. Mountain View CA investment fraud lawyers at Bakhtiari & Harrison represent investors.

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Moutain View CA Investment Fraud Lawyers Handle Fiduciary Duty and Investment Fraud Claims

Signs of securities fraud begins with a breach of fiduciary duty. Your stockbroker or financial advisor is supposed to act with honesty and integrity, putting your financial goals first. When they engage in types of securities fraud or broker misconduct such as insider trading, unauthorized trading, or market manipulation, they fail to uphold this duty. As a result, you may suffer significant investment losses due to unsuitable investments or fraudulent investment schemes. Mountain View CA investment fraud lawyers at Bakhtiari & Harrison represent individual investors.

Unique Susceptibility of Mountain View Investors

Mountain View investors are uniquely susceptible to stockbrokers taking advantage of them due to the high concentration of individual investors and tech professionals who might be less experienced with traditional financial markets. The fast-paced nature of the tech industry can sometimes lead to hasty investment decisions, making investors vulnerable to deceptive practices, misleading statements, and market manipulation.

Who We Are: Your Guide to Justice

Moutain View CA investment fraud lawyers at Bakhtiari & Harrison are your dedicated securities fraud attorneys, have extensive experience representing individual investors, institutional investors, and hedge funds who have suffered financial losses due to fraudulent investment schemes, unsuitable investments, and unethical practices. We are here to guide you through the complex legal landscape, offering our knowledge as Mountain View CA investment fraud lawyers.

Our Clear Plan to Reclaim Your Investments

We follow a structured plan to ensure you get the justice and compensation you deserve:

Initial Consultation: We begin with a free, confidential consultation to understand the specifics of your case, considering investment objectives and risk tolerance to provide tailored advice.
Thorough Investigation: We meticulously investigate your claims, gathering evidence of misconduct, such as misleading statements, unauthorized trading, and unsuitable investment recommendations.
Legal Action: Our investment fraud attorneys take decisive legal action, pursuing your claim under federal securities laws and holding the responsible parties accountable.
Pursue Compensation: We work diligently to recover significant financial losses for our clients, pursuing the compensation they truly deserve for the harm experienced. It’s crucial to understand that broker-dealer clients usually enter into a FINRA arbitration agreement, while clients of registered investment advisors generally agree to an American Arbitration Association forum agreement. These agreements define the framework for resolving disputes, offering a clear avenue for justice in cases of investment fraud.

Take the First Step

Don’t hesitate to act. Reach out to Bakhtiari & Harrison today for your initial consultation and benefit from our extensive experience. Our team of experienced attorneys has a proven track record of success in handling cases for victims of investment fraud, including pyramid schemes and deceptive practices, and we’re ready to advocate for you.

Avoid the Failure of Inaction

Failing to address your financial losses only allows those who have committed intentional misconduct to escape accountability. With Bakhtiari & Harrison by your side, you have a team of securities fraud lawyers with a proven track record, dedicated to recovering your investment money and holding the wrongdoers accountable.

Success: Reclaiming Your Financial Future

Imagine the relief of having your investment losses compensated, knowing that justice has been served. With the securities attorneys of Bakhtiari & Harrison, you can move forward confidently, securing your financial future and achieving your financial goals.

Experience in the Securities Industry

Our extensive experience in the securities industry and understanding of federal securities laws make us the ideal choice for representing victims of securities fraud. Whether you have been affected by insider trading, market manipulation, unauthorized trading, or deceptive practices, our team is here to help. Mountain View CA investment fraud lawyers at Bakhtiari & Harrison represent investors in claims against the securities industry.

Your Trusted Investment Fraud Attorneys

Mountain View CA investment fraud lawyers at Bakhtiari & Harrison have a proven track record of helping clients recover millions of dollars from fraudulent investment schemes and unsuitable investments. Our securities fraud attorneys are dedicated to protecting the rights of individual investors and ensuring that financial advisors are held accountable for their actions.

Contact Us Today

If you have suffered financial losses due to the wrongful conduct of your stockbroker, don’t hesitate to reach out to Mountain View CA investment fraud lawyers at Bakhtiari & Harrison. We offer a free, confidential consultation to discuss your case and determine the best course of action. Contact us today to schedule your initial consultation.

With Bakhtiari & Harrison, trusted Mountain View CA investment fraud lawyers, by your side, you can rest assured that your legal claim will be handled with the utmost professionalism and dedication. Our investment fraud lawyers are committed to helping you reclaim your financial future and achieve the justice you deserve.

If you’ve been the victim of investment fraud, contact the Mountain View CA investment fraud lawyers of Bakhtiari & Harrison for a free initial consultation. Mountain View CA investment fraud lawyers at the firm represent victims of financial and investment fraud throughout California, including Alameda, Alamo, Albany, Atherton, Belmont, Berkeley, Burlingame, Corte Madera, Cupertino, Foster City, Hillsborough, Lafayette, Larkspur, Los Altos, Los Altos Hills, Los Gatos, Menlo Park, Moraga, Mountain View, Oakland, Orinda, Pacific Heights, Palo Alto, Piedmont, Pleasanton, San Anselmo, San Carlos, San Francisco, San Ramon, Santa Clara, Santa Rosa, Saratoga, Sunnyvale, Walnut Creek, and other locations. Mountain View CA investment fraud lawyers working tirelessly in pursuit of financial compensation for your investment losses.