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, […]
Primer
Understanding What is a Security?
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
9 Proven Strategies for Defending an SEC Investigation
Defending an SEC Investigaton Facing an SEC investigation can be a daunting challenge for any individual or organization and defending an SEC investigation takes experience and knowledge. The SEC is a formidable regulatory body with the authority to scrutinize financial activities, and being prepared for such an inquiry is crucial. […]
Defending FINRA Investigations
By Mark J. Astarita, Esq. FINRA Rule 8210 FINRA Rule 8210 (Provision of Information and Testimony and Inspection and Copying of Books) is the starting point of virtually every FINRA enforcement proceeding, as it gives FINRA the authority to request documents and testimony from firms, registered persons and, in FINRA’s […]
Attorney for Broker Transitions – The Recruiting Protocol
Just about every securities broker is aware of the existence of the Protocol for Broker Recruiting (the “Broker Protocol”). Unfortunately, too many brokers think they understand the Protocol, and move forward with a transition without the assistance of experienced counsel. That leads to a motion for an injunction in court, with a […]
Introduction to SEC Investigations
Introduction SEC Investigations, and ultimately SEC enforcement proceedings, can be disruptive, and devastating events for individuals and corporations. Next to hiring an experienced securities defense attorney, knowing what to expect during the investigation will help you achieve your desired result. As former SEC Staff Attorneys, and Securities Defense Attorneys, the attorneys […]
Cryptocurrency – An Introduction
Cryptocurrency is a digital or virtual currency that is secured by cryptography, making it difficult to counterfeit or double-spend. Cryptocurrencies use decentralized technology for secure peer-to-peer transactions that are recorded on a public ledger known as a blockchain. There are currently over 8,000 cryptocurrencies in circulation, with new ones being […]
What is Securities Arbitration?
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 […]
Securities Arbitration Overview-2023 Update
Securities Arbitration is not like any other proceeding Background Arbitration is a dispute resolution process, which is an alternative to the traditional lawsuit in court. Rather than have a matter decided by a judge and jury, participants to an arbitration proceeding have their dispute resolved by an impartial panel […]
Regulation CF Equity Crowdfunding
What is Regulation CF? Regulation CF’s crowdfunding rules are in Section 4(a)(6) of the Securities Act. It allows startups and small businesses to use the internet to raise capital through equity investments from a large number of investors. Regulation CF is available for offerings up to $1 million, giving accredited […]