Not unique employee, no geographic restriction, no injunction. S.G. Cowen Securities Corp. v. Messih, N.Y.L.Jnl., 5/24/00 (S.D. N.Y.): In the spring of 1999, Cowen hired Messih, a California resident, to be its Managing Director of Technology in its San Francisco office. They entered into an employment contract which expired on […]
Compliance
NYSE Arbitrator Selection Pilot Ending
With only 15% of the cases using the alternatives, should the program be extended? NYSE PILOT ON ARB SELECTION: A two-year pilot program at the New York Stock Exchange is scheduled to expire on July 31, 2002. This program, which details three alternatives that parties may use, instead of the […]
NYSE Awards 10/02
Thirty Awards, Including a 9 Million Dollar Member-Member Award, and a Loss for a Customer in An Employee Stock Option Case Against Goldman NYSE AWARDS, 10/02: Among the 30 Awards released by the New York Stock Exchange’s Arbitration Department for the month of October 2002 were Awards depicting all types […]
Comments on California Suit
Comments on the Perino Report and the California Court Decision NYSE STATEMENTS RE CALIFORNIA ARBITRATION: Posted on the NYSE Arbitration WebSite are two new statements, one of which responds to the Perino Report and the Nov. 12 federal court decision in California and the other of which offers three options […]
NYSE Arbitration Awards
Twenty New Awards, Ten Awarding Damages to Customers Twenty Awards issued from the New York Stock Exchange’s Arbitration Department in February, ten of which awarded Claimants damages on their claims. Three of the losing Awards and one of the winners for customer-Claimants were the ML Media Opportunity Partners disputes that […]
NYSE Awards 02/03 From the Securities Law Home Page
]]> Home | Message Board Home Search Arbitration Investors Brokers Finance Law Compliance Archives NYSE Awards of Note – 02/03 ML Media Cases, Broker Cross Claims against Settling BD and more NYSE AWARDS, 2/03: 24 of the 28 Awards issued by the Exchange in this monthly period were […]
NASD Arbitration Award Vacature Statistics
NASD Vacature Statistics Reveal Surprises More attempts to vacate, higher success rate revealed As a consequence of NASD’s efforts to track payment of the arbitration Awards it issues, statistics are now available that indicate the incidence with which Awards favoring customers are challenged and how often those challenges meet with […]
NASD Proposal Regarding Unpaid Awards
Membership approval will include review of unpaid awards, and more. A Rule proposal regulating the membership application process will make it more difficult for brokerage firms and associated persons to avoid paying arbitration Awards through the camouflage of reorganization. The transfer of assets from one brokerage firm to […]
Control and Associated Person Status of Foreign BD
Control, and therefore associated person status, lacking SEC v. Zahareas, No. 00-3047 (8th Cir., 11/29/01): The SEC failed to show that a foreign broker-dealer was “controlled by” and, therefore, an “associated person” of a U.S. broker-dealer. In 1993, the SEC brought a civil enforcement action against Nicholas Zahareas, the president […]
Dingell-Markey Present Laundry List of Arbitration Inquiries
Seeking Information from the GAO, SEC and NASD Regarding Arbitrator Bias, Motions to Dismiss and Unpaid Awards In an April 15 letter addressed to the GAO, SEC and NASD-DR, Congressmen John D. Dingell (D-MI) and Edward J. Markey (D-MA) describe five arbitration-related items as to which they request further investigation […]
