Financial Litigation Insights - Fall 2013 Vol 5 No 3

Robins Kaplan LLP
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In This Issue:

- Anticipating a FINRA Arbitration – What’s Next?

..Statements of Claim and Answer

..Selection of Arbitration Panel

..Initial Prehearing Conference

..Discovery

..Prehearing Exchange of Documents and Witness Lists: The “Twenty-day Exchange”

..Hearing

..Award

..Settlement

- Total Return Swaps: From the Obscure to the Legal Spotlight

..What is a Total Return Swap?

..Who Might Invest in a TRS and Why?

..Manipulations of Similar Products Affects the TRS

..The Evolving Regulatory Landscape Relating to TRS

..Increased IRS scrutiny to TRS

..Conclusion

- Spotlight on Justin Krieg, Ph.D. Economist and In-House Economic Consultant

- Excerpt from Anticipating a FINRA Arbitration – What’s Next?

When a dispute occurs between a customer and a securities broker, financial advisor, or other professional, it is highly likely that the parties will go to arbitration or mediation through the largest regulator of securities firms, FINRA — the Financial Industry Regulatory Authority. Many financial agreements include a clause that requires the parties bring any disputes to arbitration and forego the right to a jury trial. Both investors and industry professionals can learn to mitigate risks and plan for optimal resolutions by understanding key factors of the FINRA arbitration process.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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