Martha Stewart did not go to jail for insider trading. In fact, based on what I know of the facts of the case, I probably could have gotten her off on those charges. No, she was sent to jail for lying to federal investigators. Specifically, for Conspiracy to Obstruct Justice, […]
Analysis
Arbitrator Code of Ethics Revamped
ABA and AAA Task Force Provide Working Draft of New Ethics Code This four-year effort by a joint task force of the American Bar Association and the American Arbitration Association has now produced a working draft that will cover both domestic and international arbitrations. According to an article on ADRWorld.com […]
SEC Sues Newsletter Publisher
Violations of 17(b) Alleged for Failing to Disclose Compensation By Mark J. Astarita, Esq. September 24, 1998 – the SEC announced the filing of a civil action involving a fraudulent touting scheme engaged in by individuals and the corporate publisher of a Newsletter. The Complaint alleges that the individuals […]
Recover Investment Losses in UBS Puerto Rico Bond Fund
UBS Sales Practices in Puerto Rican Bond Funds under review SALLAH ASTARITA & COX, LLC, an AV rated, nationally recognized law firm, has announced its investigation into investor claims against UBS Financial Services Inc. of Puerto Rico (UBS PR) over its sales of leveraged bond funds to investors. The […]
Investment Advisers Act of 1940
The Investment Adviser Act of 1940 is the statute which provides the regulations for the registration and oversight of individuals and corporations who are not brokers or dealers, but who provide investment advice to the public. Need more information? The Investment Advisers Act of 1940 Rules and Regulations under the […]
LAW REVIEW: Settling the Matter
More brokers and firms are being forced to settle customer claims, particularly where the claim is less than the total arbitration expense. Settling the Matter By Mark J. Astarita, Esq. In June, we addressed how to avoid customer disputes. This month, we jump ahead to how to resolve them, either […]
Securities Law Blog Roundup
Blog Roundup: The latest posts from securities law related blogs: SECLaw.com: Business Law Professor: Related Sites The Securities Law Blog Securities Lawyer
U-4 Arbitration Agreement Does Not Supercede Eariler, Broader Agreement
Bailey vs. Chase Securities, Inc., et al, 01-Civ-7222 (AGS), 2002 U.S. Dist. LEXIS 7788 (SDNY 5/1/02) Employment Discrimination * ADEA * SRO Rules (NASD Rule 10201) * Consolidation Issues (Bifurcation) * Arbitration Agreement (Form U-4) * Employment Agreement * Competing Agreements * Waiver * Prejudice to Party. The Form […]
Stay of Non Arbitrable Claims is Discretionary
Stay of Non-Arbitrable Claims is Discretionary Where Arbitrable Claims Exist Baggesen vs. American Skandia Life Assurance Corp. Baggesen v. American Skandia Life Assurance Corp. & Securities America, Inc., 2002 U.S. Dist. LEXIS 23411 (D. Mass, 12/5/02). FAA (§ 3) * Agreement to Arbitrate * Stay of Litigation * Scope of […]
Subpoena Power does not extend to prehearing discovery from non-parties. SECLAW.com
Arbitral Supoena Power Does Not Provide for Pre-Hearing Production by Non-Parties Hay Group, Inc. vs. EBS Acquisition Corp., Third Circuit HAY GROUP, INC. v. E.B.S. ACQUISITION CORP., No. 03-1161/1162 (3rd Cir., 3/12/04). In arbitrations subject to the Federal Arbitration Act, arbitral subpoena power does not extend to requiring pre-hearing production […]
