The Law of the Financial Markets from Top Securities Lawyers
Wednesday, April 23, 2025
By Mark J. Astarita, Esq. A repeating question on my website comes from brokers who are named in an arbitration proceeding by a customer, and whose firm offers to provide an attorney to represent both the broker and the firm. The question is always, do I need my own attorney? […]
A Ponzi scheme is a fraudulent investment operation. The operator, either an individual or organization, pays returns to its investors from new capital. This capital is paid by new investors. The returns are not from profit earned by the operator. Operators of Ponzi schemes usually entice new investors by offering […]
Mark J. Astarita, Esq., a nationally recognized and Martindale AV-rated securities attorney, explains the SEC investigation process and provides insight into successful defenses. Introduction SEC Investigations, and ultimately SEC enforcement proceedings, can be disruptive and devastating events for individuals and corporations. Hiring an experienced securities defense attorney is crucial. Understanding […]
Anyone who follows our blog or website knows one thing. The SEC Enforcement Division is getting tougher on financial firms. They are also getting tougher on investors and issuers. When you are served with an SEC subpoena, you know that they are not fun to deal with. But you must deal […]
Securities arbitration has become the most often-used method of resolving disputes in the securities industry. Since the late 1970’s, FINRA and its predecessors have required brokerage firms and stock brokers into securities arbitration to resolve their disputes with each other, and with their customers. That requirement led to brokerage firms […]
By: Mark J. Astarita, Esq. Defending an SEC Investigation Do you need an SEC Investigation Attorney? The answer is probably yes, since facing an SEC investigation can be intimidating for individuals or organizations, and defending against it requires expertise and insight. The SEC is a powerful regulatory entity that can […]
The SEC, FINRA, the States, and much more Introduction The history of securities regulation and federal securities law is well beyond the scope of this work, and the reader is commended to any of several books in the area. One of the best-known and often cited treatises on the topic […]
Broker Check was designed as an attempt at transparency and accountability in the world of investments, offering investors a powerful tool to research and evaluate the background and qualifications of brokers and brokerage firms. Often criticized as an invasion of brokers’ rights, containing unsworn and unproven allegations against financial professionals, […]
A security is a form of ownership in an entity. While some believe that in order to be a security the instrument must be traded on a market, the legal definition of a security is much broader. The definition is important, because if the instrument is a security, then the federal and state securities laws apply to the purchase and sale of that instrument. We define and explain the different types of securities
The SEC Serves a Subpoena, or FINRA wants an OTR. Now what? By Mark J. Astarita, Esq. Introduction to SEC Subpoenas If you get a letter, phone call, or subpoena from the SEC (Securities and Exchange Commission) or FINRA (Financial Industry Regulatory Authority), take it seriously. Even if the person […]
