News & Analysis as of

Financial Industry Regulatory Authority (FINRA) Dismissals

A&O Shearman

FINRA Beats First Post-Jarkesy Challenge

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On September 4, 2024, Judge John Murphy of the U.S. District Court for the Eastern District of Pennsylvania dismissed on jurisdictional grounds the first post-Jarkesy constitutional challenge to FINRA’s disciplinary...more

King & Spalding

Fifth Circuit Finds That New Jersey’s Discovery Rule Applies If Identity of a Specific Defendant Was Not Known Until After the...

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On December 15, 2022, the U.S. Court of Appeals for the Fifth Circuit reversed the pleading-stage dismissal, as time-barred, of a case against Bank of New York Mellon by defrauded investors in the Allen Stanford Ponzi scheme....more

Jones Day

Second Circuit Requires Detailed Facts to Satisfy Morrison's "Domestic Transactions" Test

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The Second Circuit reemphasized that conclusory allegations that a transaction took place in the United States will not pass muster under Morrison. On March 4, 2021, the Second Circuit issued a Summary Order affirming...more

Goodwin

Ninth Circuit Holds Loss Causation May Be Predicated on Information Potentially Available Under Freedom of Information Act

Goodwin on

Ninth Circuit Holds Loss Causation May Be Predicated on Information Potentially Available Under Freedom of Information Act; D.C. Circuit Upholds FINRA’s Permanent Ban of Broker Accused of Misconduct After Finding SCOTUS...more

Carlton Fields

Tenth Circuit Refuses to Vacate FINRA Arbitration Dismissal

Carlton Fields on

The Tenth Circuit Court of Appeals recently rejected a claimant’s effort to vacate the dismissal of his FINRA claim following his repeated failure to comply with various deadlines. ...more

UB Greensfelder LLP

Federal Judge Rules That While Zoom Arbitrations Are “Clunkier,” They Are Not Unfair

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Carlos Legaspy is a respondent in a FINRA arbitration that was scheduled to go to hearing in August. As with all other FINRA cases, it was subject to a sweeping administrative decision by FINRA to postpone all in-person...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Definition of "Customer" in FINRA Arbitration

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Bass, Berry & Sims attorney Chris Lazarini examined a broker/dealer’s effort to prevent a FINRA arbitration case involving representatives selling away activities from going forward. The plaintiff, Centaurus Financial, sought...more

Skadden, Arps, Slate, Meagher & Flom LLP

D.C. Circuit Upholds Federal Pay-to-Play Rule

On June 18, 2019, the U.S. Court of Appeals for the District of Columbia Circuit (the court) dismissed a challenge to Financial Industry Regulatory Authority (FINRA) pay-to-play Rule 2030 (the rule) brought by the New York...more

UB Greensfelder LLP

Implicit Recommendations To Hold: FINRA’s Suitability Rule Goes Toe-To-Toe With SEC’s Regulation BI

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Nearly ten years ago, FINRA decided to update its old suitability rule, NASD Rule 2310. It had been around a long time, and while it seemed to work fine, FINRA decided to incorporate into the new amended rule – FINRA Rule...more

Vedder Price

Investment Services Regulatory Update - August 2018

Vedder Price on

New Rules, Proposed Rules, Guidance and Alerts – SEC STAFF GUIDANCE AND ALERTS – OCIE Publishes Risk Alert on Compliance Issues Relating to Best Execution – On July 11, 2018, the Office of Compliance Inspections and...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses FINRA's Class Action Waivers in Employment Agreements

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Bass, Berry & Sims attorney Chris Lazarini discussed the class action case brought by former advisers of Credit Suisse Securities (USA) who sought recovery of their unvested deferred compensation following the closure of...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on Lawsuit Dismissal on Res Judicata Grounds

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Bass, Berry & Sims attorney Chris Lazarini provided insight on a lawsuit involving a former broker of Wells Fargo who sued the firm in state court for fraud and personal injury when the company initiated a foreclosure action...more

Bass, Berry & Sims PLC

Chris Lazarini Comments on Waiver of the Right to Seek Arbitration

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which the defendant filed fraud and RICO actions in federal court against several persons and entities alleging they defrauded her out of millions of dollars....more

Foley & Lardner LLP

A Review of Recent Whistleblower Developments

Foley & Lardner LLP on

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. ...more

Katten Muchin Rosenman LLP

Bridging the Week - August 2015 #5

Charles Schwab Fined US $2 Million by FINRA for Net Capital Deficiencies: Charles Schwab & Co. agreed to pay US $2 million to the Financial Industry Regulatory Authority to resolve allegations that it had net capital...more

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