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On Wall Street October 1, 2012 Alan J. Foxman |
Brokering the Commission Split Our legal analyst explores commission sharing and FINRA disclosure rules. |
On Wall Street June 1, 2010 Alan J. Foxman |
Holding the Check: Problem or No? Holding onto a client's check for more than a week... Lowering total commission limits... FINRA arbitration... What to do with proprietary mutual funds if you switch companies... |
On Wall Street January 1, 2010 Alan J. Foxman |
Blamed for ARS He Didn't Sell Misrepresenting auction-rate securities... BrokerCheck public disclosure system... |
On Wall Street May 1, 2010 Alan J. Foxman |
Do You Always Have A Right To An Attorney In Arbitration? Q&A: Rights to attorneys in arbitration... Is giving the client a bond's rating enough when it comes to disclosing risks?... |
On Wall Street March 1, 2010 Alan J. Foxman |
When Is A Blog Really An Ad? Readers write in with regulatory questions that affect financial firms and advisors. |
On Wall Street September 1, 2010 Alan J. Foxman |
Ponzi Schemes And Problems Paying Fines Q&A: What does it mean for advisors that records are now available to the general public online?... How will arbitration payments I must make but cannot afford right now affect my license?... more... |
On Wall Street September 1, 2011 Alan J. Foxman |
To Share Or Not to Share (Revenue) I'm preparing to merge my small brokerage firm with a registered investment adviser. Do we have to wait for FINRA approval before we can close the transaction? |
On Wall Street August 1, 2013 Alan J. Foxman |
Legal Expert Discusses Commission Contracts Our legal expert discusses how to make sure you re getting your due in commissions. |
Registered Rep. May 13, 2011 Bill Singer |
Blaming, Naming, and FINRA Gaming Suppose that an unhappy investor didn't specifically name you in a lawsuit or arbitration when he complained about your investing advice. You'd think that would get you off the regulatory disclosure hook, right? Think again. |
Financial Planning October 1, 2011 Jennifer Woods Burke |
The Risk of Hide and Seek Advisors are often guiding clients through financial nightmares rather than living their own. But a FINRA enforcement action this year demonstrates how easily your career can slip away if you don't properly disclose financial troubles. |
On Wall Street January 1, 2012 Alan J. Foxman |
The Disclosure Dilemma When and what needs to be disclosed on the U4? |
On Wall Street October 1, 2009 Alan J. Foxman |
Crossing the Line in Your Relationships with Clients Q&A: What privileges can a firm give a client?... Can a financial advisor borrow money from a bank that is a client?... Arbitration claims about promissory note... Must I tell my employer annuities I've sold through a third-party vendor?... |
On Wall Street November 1, 2010 Alan J. Foxman |
Crime Versus Punishment Members of the financial services industry write in for advice and have their legal questions answered. |
On Wall Street October 1, 2010 Chris Kentouris |
Finra Wants More Details When Someone Gets Canned Advisors, take note: FINRA wants broker-dealers to provide more detail on the reasons for dismissing an employee in reports to the regulator. |
Investment Advisor June 2008 |
News & Products, June 2008 A $5 million fine imposed against American Fund Distributors for directed brokerage in 2006 stands... FINRA warns about event-linked securities, such as catastrophe, or "cat" bonds... FINRA launches two online resources about early retirement scams... etc. |
Investment Advisor September 2009 Thomas D. Giachetti |
Expert's Corner: It Beats Getting Sued What every investment advisor should know about securities arbitration. |
Registered Rep. March 15, 2011 Bill Singer |
Street Legal: FINRA's Decision on a Financial Advisors' Tweets Is a Lesson for All According to a recent Financial Industry Regulatory Authority settlement, registered persons may need to reconsider some activities that go on outside of work. |
On Wall Street February 1, 2010 Alan J. Foxman |
Advisor Sued When Market Is to Blame Legal experts answer questions from advisors who are being sued by clients who have lost money in the financial turmoil. |
Investment Advisor May 1, 2011 Kathleen McBride |
UBS to Pay FINRA Fine and Restitution to Investors in Lehman PPNs Bank BD to pay over $10 million in fines for omissions and misleading investors |
On Wall Street July 1, 2013 Lorie Konish |
Taking Charge of Your Regulatory Exam Preparation and communication are key to a smooth visit with FINRA. |
Registered Rep. February 19, 2010 Christina Mucciolo |
FINRA Seeks to Expand BrokerCheck, Make Some Records Permanent The Financial Industry Regulatory Authority announced it is seeking the SEC's approval to expand the amount of information made public on current and former brokers' permanent records in its free online CRD database, BrokerCheck. |
Registered Rep. December 29, 2009 Halah Touryalai |
Principal-Protected Notes Not So Protected, FINRA Says. In a regulatory notice this month, FINRA warned firms offering structured products not to overstate their level of protection or their potential returns. |
Registered Rep. March 1, 2008 |
Client Complaints: To Report Or Not To Report When a registered rep should report client complaints. |
Financial Planning July 1, 2011 Donna Mitchell |
Hot Topics FINRA steps in... $80 million settlement of two class-action suits by Securities America... Whistleblower payday... |
On Wall Street October 1, 2008 Alan J Foxman |
Heightening Supervision Advisory firms have flexibility in creating plans to supervise brokers who have a history of complaints or disciplinary issues. |
On Wall Street November 1, 2008 Alan J Foxman |
Caught in the Middle In an arbitration lawsuit one advisor was named as respondent, one wasn't -- and now both have problems to deal with. |
Investment Advisor February 2008 Kathleen M. McBride |
Litigation A-Go-Go Lawsuits, investigations, and probes. |
Financial Planning May 1, 2012 Jennifer Woods Burke |
Gotcha! Audits Get Tougher This year, the SEC and FINRA launched a webinar for firms detailing their expectations and reaffirming that whether a firm is large or small, regulators expect the same level of diligence when it comes to audits. |
On Wall Street December 1, 2010 Alan J. Foxman |
When FINRA Intervenes Even non-member firms (such as registered investment advisors) can voluntarily agree to use either FINRA's arbitration or mediation services. |
On Wall Street April 1, 2011 Alan J. Foxman |
The Whole Truth Advisor Q&A: Disclosure of conflicts of interest... Clients testimonials as advertising... Advisor representatives and outside business activities... Form ADV on a CD... Qualifications needed on Form ADV... |
On Wall Street July 1, 2009 Alan Foxman |
Expunged Arrest from Past Still Haunts Advisor Readers questions regarding expunged arrest, private placements, and arbitration actions against advisors are answered. |
On Wall Street February 1, 2013 Alan J. Foxman |
Proposed FINRA Procedures May Let Brokers Expunge Records Advisors may be able to erase mark against them from disputes in which they were not directly named. |
Registered Rep. December 1, 2004 |
The Promise Keepers Is arbitration the answer to this broker's woe?... Should a former employer pay defense costs for broker being sued while employed with that firm?... |
Registered Rep. April 1, 2008 John Churchill |
The Failure Chain Consider the curious and rather grotesque case of Gary J. Gross, a financial advisor from Boca Raton, Fla. Gross' U4 is close to 100 pages long, and lists 35 customer complaints. |
On Wall Street July 1, 2011 Alan J. Foxman |
The Perception Of Privacy Concerns about privacy... History of broker complaints... |
Registered Rep. September 25, 2007 Karen Donovan |
Expunging Customer Complaints Is Too Easy . . . So Say Client Lawyers The lobbying group of lawyers who represent customers in disputes with their brokers is calling on FINRA and the SEC to "immediately halt" the practice that allows arbitration panels to expunge customer complaints from a rep's record. |
Registered Rep. June 1, 2008 Christina Mucciolo |
Let's Litigate Here's a little news that might interest you: Sometimes it pays to litigate against the Financial Industry Regulatory Authority (FINRA, formerly NASD) rather than settle. |
On Wall Street May 1, 2013 Cumming & Horwitz |
SEC Takes on Structured Notes Large banks need to provide better information on these complex securities sold to the wealthy, regulator says. |
Registered Rep. January 22, 2009 |
FINRA Frisks Select B/D RIAs FINRA, the Financial Industry Regulatory Authority, emailed a number of broker/dealers recently with requests for information about their RIA units. |
On Wall Street October 1, 2013 Alan J. Foxman |
Our Legal Expert Defines Client Complaints Do you know when a customer complaint is reportable? |
Registered Rep. June 1, 2008 Bill Singer |
You've Got Mail Amidst industry demands for clarity, FINRA recently published Regulatory Notice 07-49: Supervision of Electronic Communications. Read on for more details. |
On Wall Street November 1, 2011 Lorie Konish |
A Foreign Investor Fights To Go To FINRA Arbitration A federal lawsuit recently filed by Citigroup Global Markets Inc. against a set of Saudi family investors with a $383 million claim against the firm will determine whether that case can proceed to arbitration. |
On Wall Street June 1, 2009 Alan J. Foxman |
Anyone Around Here Know a Good Lawyer? Financial advisors ask their legal questions. |
On Wall Street September 1, 2010 Mark Astarita |
Denying Advisors A Legal Forum As part of the Dodd-Frank Wall Street Reform Act, Congress has given the SEC the authority to prohibit or impose conditions upon the use of pre-dispute arbitration agreements by brokerage firms and federally registered investment advisors. |
Registered Rep. October 19, 2007 Karen Donovan |
Don't Settle With Regulators--Litigate, Says Sutherland Et Al. (That Figures, Regulators Retort: Lawyers Would Say That) You may lose in arbitration, but the punishment may be less than you would have received in a settlement. |
Registered Rep. March 1, 2010 Halah Touryalai |
Bonus Repayment Suit Turns Into Battle Over Forced Arbitration A court case over the repayment of upfront loans to brokers is turning into a legal battle over forced FINRA arbitration. |
On Wall Street September 1, 2008 Alan J Foxman |
Court or Arbitration Sexual harassment claims can go to court under FINRA's rules, but some employment contracts call for arbitration... If I leave my firm can they get an injunction preventing me from taking my clients? Can this go to arbitration? |
Financial Planning September 1, 2012 Eric Schwartz |
Eric Schwartz of Cambridge Investment Discusses RIAs A proposal to deal with RIAs regulatory advantage over independent broker-dealers. |
On Wall Street August 1, 2009 Helen Kearney |
Death Knell for Mandatory Arbitration The meltdown on Wall Street, along with the raft of Ponzi schemes, have created a renewed regulatory zeal on the part of the government towards financial advisors. This all begs a major question: Is this the end of mandatory arbitration? |
On Wall Street November 1, 2009 Thomas Lewis |
It's Payback Time on Promissory Notes Firms have been fighting back against defecting advisors. Increasingly one of the most effective weapons in their arsenal is the enforcement of promissory notes. |