Elder fraud is becoming a significant concern of regulators, and firms. As the older population grows, so do the issues related to them and their money. We have covered this topic before, and the SEC recently charged four former Atlanta-area brokers with fraudulently inducing federal employees to roll over holdings […]
Author: Mark J. Astarita
Data Breach – Lessons for Firms and Their Lawyers
Wells Fargo Huge Data Breach – Lessons for Firms and Their Lawyers Multiple news sources are now reporting that Wells Fargo is being investigated for the release of personal information of approximately 50,000 clients to a former employee.The New York Times reported on Friday that the bank’s attorneys had release […]
Attorney Barred From Appearing Before SEC
The Securities and Exchange Commission barred a New York-based attorney from appearing or practicing before it and acting as an officer or director of a public company after finding that he made false and misleading statements in corporate filings. Pursuant to Section 4C of the Securities Exchange Act of 1934 […]
Record SEC Award Expected for JPMorgan Whistleblowers
The SEC is expected to present the largest whistleblower award in its history – possibly $70.6 million or more to be shared by two whistleblowers in a case involving a former adviser at JPMorgan Chase – according to a SEC letter released by one of the whistleblowers. The award results […]
Not All Trial Lawyers Can Handle All Kinds Of Trials
I am a trial lawyer, a litigator, and have been at it for over 30 years. While I have represented clients at trial, in state and federal courts, most of my trial experience is in securities arbitrations, and virtually all of my work is in the securities area. The point […]
Hearing Hearing
Securities arbitrations, in fact, all arbitrations, are conducted in the same manner that a court trial is held, without some of the formalities. There are opening statements, first by the attorney for the claimant (typically a customer) and then by the respondents (the broker and/or his firm). The openings are […]
Five-Year Statute Applies to Claims for Disgorgement
The Supreme Court ruled [June 5, 2017] that claims for disgorgement brought by the SEC are governed by a five-year statute of limitations. The Court’s unanimous opinion in Kokesh v. SEC, No. 16-529, slip op. at 5 (U.S. June 5, 2017) (Sotomayor, J.), held that disgorgement, as it is applied […]
Markets React to Trump Jr. E-Mails
Major stock indexes swung lower Tuesday after President Donald Trump‘s son released an e-mail exchange that showed him setting up a meeting with a Russian lawyer to obtain damaging information about Hillary Clinton. Source: See Markets React to Donald Trump Jr. E-Mails in 6 Charts – MoneyBeat – WSJ Get […]
Insight into the FINRA Arbitrator Selection Process
Arbitrator selection has always been one of the most important parts of the arbitration process, and FINRA has strived over the years to make the process fair. Unfortunately, it is not as transparent as it might otherwise be. FINRA’s arbitrator appointment process uses the Neutral List Selection System which FINRA […]
Bored Traders on Tinder
A Symptom of Wall Street Revenue Dip One bond trader says he’s been slipping out early to watch his kids play sports. A fund manager says his office just staged a golf retreat. A trading supervisor at another bank confides he’s swiping through a lot of profiles on Tinder, the […]