Investment advisors and brokers who invest on others’ behalf are required to have a reasonable basis to believe that the investments they choose are suitable for the customer’s investment profile. They must be acting on information obtained through reasonable...
Representing Investors
What evidence can you get from the other side in a FINRA arbitration?
If you believe that a broker or brokerage firm has treated you unfairly, you may have a claim for money damages. Depending on your exact situation, you may wish to seek damages in arbitration through the Financial Industry Regulatory Authority (FINRA). FINRA is a...
Bill would restrict SDIRA investment in closely held companies, part 1
On Nov. 19, 2021, the U.S. House of Representatives passed the Build Back Better Act using the budget reconciliation process. Reconciliation rules would allow the Senate to follow suit with a simple majority, which would require every Democrat to say yes to create a...
FINRA examines broker-dealer handling of options accounts
When individual investors engage in options account trading, the potential for monetary gain is there, but also risk of financial loss. Because options trading can be more complex than some other kinds of investment, retail (individual) investors may elect to rely on...
FINRA gives member firms a reminder of their duty to supervise vendors
Across the country, a variety of commercial, government and nonprofit entities regularly outsource tasks to third parties. Whether to cut the costs of having employees do the work or to subscribe to the idea that cheaper is always better, when broker-dealer firms...
COVID-19 inspires new twists on securities fraud schemes
Unfortunately, financial greed drives some people to commit illegal fraud in the offering, registration or sale of securities. At our law firm, we advocate for investors with financial losses who have purchased securities tainted by untruthful information that falsely...
Best execution responsibilities of retail brokers
Many individuals use low- or no-commission brokers to purchase and sell their investments in various securities. While this seems like a good deal – and it probably is – federal regulators require discount brokers to diligently monitor whether their customers’...
New investment adviser marketing rule on the horizon, part 2
In part 1 of this post, we shared that the Securities and Exchange Commission’s (SEC’s) has adopted a final rule modernizing the investment adviser marketing and solicitation rules – calling the new regulation the “marketing rule.” In part 1, we describe the...
SEC to issue new marketing rule for investment advisers, part 1
The Securities and Exchange Commission (SEC) has released a final rule change that will modernize the regulation of investment adviser advertising, which has not been done since 1961. The agency is calling it the “marketing rule.” Of course, over the decades...
Investors hurt by broker fraud may consider FINRA arbitration, part 2
In part 1 of this post, we talked about the role of the Financial Industry Regulatory Authority (FINRA) as a forum where investors can arbitrate claims of negligence, improper investment or fraud against their brokers or brokerage firms for problematic investments...