Internet Based Filings, Disclosure, and Public Database Search Effective January 2001 By Mark J. Astarita, Esq. On September 12, 2000 the SEC adopted new rules that creat electronic filing requirements for investment advisors. Beginning in January 2001, advisers registered with the Commission will submit their registration forms (and other filings) […]
Tag: News
The Securities Law Letter
The Securities Law Letter is a monthly email newsletter, containing the latest news, commentary, rule proposals and amendments, as well as press releases and other web based information of interest to those who are interested in the United States Securities Laws. The Securities Law Letter is free, but we need […]
SEC Approves Injunctive Relief Rule
New Mechanism for Resolution of Raiding Disputes Approved Rule 10335 makes permanent, with some significant modifications, a formal mechanism for the resolution of raiding disputes, under a NASD Rule approved by the Securities and Exchange Commission. Former Rule 10335, designed as a one-year pilot in 1996 and taken out of […]
Arbitrators Cannot Sanction Attorneys
After nearly 4 years, a Court vacates a $700,000 arbitrator sanction against trial counsel CIBC Oppenheimer Corp. v. Friedman, No. B141521 (Cal. App., 2Dist., 2/21/02). Agreement to Arbitrate * Vacatur of Award * State Law, Applicability of * Exceeding Powers * Sanctions (Arbitral) * Breadth of Agreement * State Statutes […]
Arbitrators Must Detail Attorney Fee Awards
In Response to Florida Supreme Court Ruling, Attorney Fee Awards Provide Necessary Detail HARE & POLO TRUSTS v. GRUNTAL & CO., LLC, NYSE ID # 2000-008643 (Ft. Lauderdale, 5/17/01): In apparent response to the Moser decision on attorney fees in arbitration, arbitrators have begun stating how they have disposed of […]
NASD Rule 10101 Forces Arbitration Between Two Brokers – From the Securities Law Home Page
]]> Home | Message Board Home Search Arbitration Investors Brokers Finance Law Compliance Archives Dispute Between Two Brokers is Subject to Arbitration, Even Without Written Agreement Court Compels Arbitration Based on NASD Rule 10101 Scott (Relator Zachary C.), In Re, 2003 WL 557009 (Tex. App., 2/27/03). Arbitrability * […]
Does My Arbitration Agreement Cover All Disputes?
Court applies standard analysis to determine coverage of agreement Raspet v. Buck, 2001 N.C. App. LEXIS 1055 (N.C. App., 11/6/01): Pre-existing agreement to arbitrate does not convert disputes over all future dealings between the parties into arbitrable controversies. Operating individually as investment representatives, plaintiff and defendant created Plan First, LLC, […]
NASD Relocation?
Filings Up, Staffing Increases Proposed, NASD-DR to Relocate? According to representatives of the two forums, new filings are up and are staying up. At the New York Stock Exchange, they surged 41% during 2001 and were especially high in the final quarter of the year. That increased level of activity […]
Dispute Resolution Continued Criticism
NASD-DR Continues to react to criticism of its expertise ranking system NASD-DR continues to react to criticism of its expertise rankings for arbitrators by directing its arbitrators to explain the basis for any claims to expertise. The Neutral List Selection System was designed to operate on a rotational basis, so […]
Can A Defunct Firm Enforce An Arbitration Agreement?
Defunct firms can no longer enforce arbitration agreements Among the initiatives NASD has taken in response to the GAO’s 2000 Report on unpaid Awards is a new rule closing its arbitration forum to defunct members. The new rule, an amendment to NASD Rule 10301, was approved by the SEC in […]
