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On Wall Street
July 1, 2012
Alan J. Foxman
Defining Full Disclosure Legal questions are answered on disclosure of civil actions and bankruptcy for registered investment adviser applicants and which members of an RIA firm may have control of an LLC. mark for My Articles similar articles
Investment Advisor
December 2007
Thomas D. Giachetti
Use Them, but Carefully By all means, place arbitration clauses in IA contracts, but do it right. mark for My Articles similar articles
On Wall Street
November 1, 2010
Alan J. Foxman
Crime Versus Punishment Members of the financial services industry write in for advice and have their legal questions answered. mark for My Articles similar articles
Registered Rep.
May 9, 2011
Gleeson & Britton
New SEC Disclosure Rules Dismay Some Advisors; Advisor Disciplinary Histories in Welcome Packets New SEC rules that require federally-registered advisors to disclose their disciplinary histories in brochures and provide them to clients will get under way in earnest by the end of the summer. mark for My Articles similar articles
Financial Advisor
May 2011
Daniel Bernstein
The Goldilocks Dilemma The greatest problem with client agreements today is the shortcut approach too many advisors take. mark for My Articles similar articles
On Wall Street
July 1, 2009
Alan Foxman
Expunged Arrest from Past Still Haunts Advisor Readers questions regarding expunged arrest, private placements, and arbitration actions against advisors are answered. mark for My Articles similar articles
Registered Rep.
August 1, 2006
Unbreakable Promises Q: Isn't it standard in the industry to prorate notes over the entire period employed? Do we have any recourse?... A: It's way too late in the game for you to be wondering about how proration of promissory notes works in the industry... etc. mark for My Articles similar articles
On Wall Street
June 1, 2012
Alan J. Foxman
Keeping Client Secrets I have a husband and wife who are both clients of mine. Recently, the wife inherited some money and doesn't want her husband to know what she's doing with it. mark for My Articles similar articles
Financial Planning
November 1, 2009
Robert Pozen
Think Twice Congress is seriously debating legislation that would significantly expand the coverage of the Investment Advisers Act, empower the SEC to make rules on advisor compensation and increase the likelihood of lawsuits against advisors. mark for My Articles similar articles
On Wall Street
September 1, 2010
Alan J. Foxman
Ponzi Schemes And Problems Paying Fines Q&A: What does it mean for advisors that records are now available to the general public online?... How will arbitration payments I must make but cannot afford right now affect my license?... more... mark for My Articles similar articles
On Wall Street
November 1, 2008
Alan J Foxman
Caught in the Middle In an arbitration lawsuit one advisor was named as respondent, one wasn't -- and now both have problems to deal with. mark for My Articles similar articles
Financial Planning
October 1, 2011
Jennifer Woods Burke
The Risk of Hide and Seek Advisors are often guiding clients through financial nightmares rather than living their own. But a FINRA enforcement action this year demonstrates how easily your career can slip away if you don't properly disclose financial troubles. mark for My Articles similar articles
On Wall Street
September 1, 2010
Mark Astarita
Denying Advisors A Legal Forum As part of the Dodd-Frank Wall Street Reform Act, Congress has given the SEC the authority to prohibit or impose conditions upon the use of pre-dispute arbitration agreements by brokerage firms and federally registered investment advisors. mark for My Articles similar articles
On Wall Street
April 1, 2013
Alan J. Foxman
Debunking Arbitration Rules Our legal expert discusses whether brokerage firms have to report arbitration actions against them. mark for My Articles similar articles
Investment Advisor
March 1, 2011
Thomas D. Giachetti
Get Form ADV Right New requirements and changing deadlines could make filing Form ADV a tricky business. mark for My Articles similar articles
Registered Rep.
December 1, 2004
The Promise Keepers Is arbitration the answer to this broker's woe?... Should a former employer pay defense costs for broker being sued while employed with that firm?... mark for My Articles similar articles
On Wall Street
June 1, 2010
Mark Astarita
Tilting the Litigation Landscape Against the Financial Industry Current reform proposals could radically alter the broker-client relationship. mark for My Articles similar articles
On Wall Street
September 1, 2008
Alan J Foxman
Court or Arbitration Sexual harassment claims can go to court under FINRA's rules, but some employment contracts call for arbitration... If I leave my firm can they get an injunction preventing me from taking my clients? Can this go to arbitration? mark for My Articles similar articles
On Wall Street
April 1, 2011
Alan J. Foxman
The Whole Truth Advisor Q&A: Disclosure of conflicts of interest... Clients testimonials as advertising... Advisor representatives and outside business activities... Form ADV on a CD... Qualifications needed on Form ADV... mark for My Articles similar articles
On Wall Street
March 1, 2012
Alan J. Foxman
Regulators Redefine Assets Advisor Q&A: Do I have discretionary authority with my clients?... Do we now count the variable annuities sub-accounts?... mark for My Articles similar articles
On Wall Street
November 1, 2009
Thomas Lewis
It's Payback Time on Promissory Notes Firms have been fighting back against defecting advisors. Increasingly one of the most effective weapons in their arsenal is the enforcement of promissory notes. mark for My Articles similar articles
On Wall Street
October 1, 2009
Judith Schoolman
Five Questions with Brian Smiley Brian Smiley is president of the PIABA, which promotes the interests of investors involved in arbitration disputes against brokerage firms. In this short interview he speaks about his group's goals and why he's been so busy. mark for My Articles similar articles
Registered Rep.
October 17, 2011
Patrick J. Burns
Don't Ignore That Promissory Note One of the trickiest components when it comes to a broker's departure from a wirehouse firm is how to handle the promissory note. mark for My Articles similar articles
On Wall Street
August 1, 2009
Helen Kearney
Death Knell for Mandatory Arbitration The meltdown on Wall Street, along with the raft of Ponzi schemes, have created a renewed regulatory zeal on the part of the government towards financial advisors. This all begs a major question: Is this the end of mandatory arbitration? mark for My Articles similar articles
Investment Advisor
September 2009
Thomas D. Giachetti
Expert's Corner: It Beats Getting Sued What every investment advisor should know about securities arbitration. mark for My Articles similar articles
On Wall Street
January 1, 2012
Alan J. Foxman
The Disclosure Dilemma When and what needs to be disclosed on the U4? mark for My Articles similar articles
Investment Advisor
July 2007
Melanie Waddell
Protect Yourself It's an annoying but necessary task: here's the latest intelligence on how to guard your financial practice from both the regulators and your clients. mark for My Articles similar articles
Entrepreneur
December 2005
Chris Penttila
Bound & Gagged How will the battle over mandatory binding arbitration affect entrepreneurs? mark for My Articles similar articles
Financial Planning
May 1, 2008
Rick Cortese
New Form ADV 2 On March 3, 2008, the SEC proposed amendments to Form ADV Part 2. mark for My Articles similar articles
Financial Advisor
November 2009
Jeff Schlegel
The Great Debate Financial services reform is coming. How will it impact advisors? mark for My Articles similar articles
Entrepreneur
August 2007
Laurel Delaney
Finding a Middle Ground with Overseas Buyers Arbitration can settle cross-border disputes. mark for My Articles similar articles
Financial Planning
June 1, 2007
Bob Veres
Victory, for Now Brokerage firms have little choice but to adapt to a world in which their traditional service -- clearing trades and executing transactions -- has become "solely incidental" to the increasingly valuable business of providing advice. mark for My Articles similar articles
Registered Rep.
December 18, 2002
Rick Weinberg
Supreme Court Favors Arbitration in Brokerage Cases The Supreme Court has reaffirmed its stance that the arbitration forum is the proper venue for deciding brokerage cases. mark for My Articles similar articles
Financial Planning
October 1, 2010
Brian Hamburger
Regulation Season A look forward at the real effects of regulatory change - and they could be as unattractive as they are expensive. mark for My Articles similar articles
Registered Rep.
May 13, 2011
Bill Singer
Blaming, Naming, and FINRA Gaming Suppose that an unhappy investor didn't specifically name you in a lawsuit or arbitration when he complained about your investing advice. You'd think that would get you off the regulatory disclosure hook, right? Think again. mark for My Articles similar articles
Financial Advisor
June 3, 2010
Frontline News Advisor news: Threshold Rising... Staying Healthy May Cost You In Retirement... SEC Looks To Update ADV Part II... IRS Sets Sights On The Very Wealthy... more... mark for My Articles similar articles
On Wall Street
August 1, 2012
Alan J. Foxman
FINRA's New Suitability Rule I'm a compliance officer for a small brokerage firm. I'm a little confused by FINRA's new suitability rule. What, if anything, extra does it require us to do? mark for My Articles similar articles
Registered Rep.
October 24, 2007
Karen Donovan
Arbitration Works, Says SIFMA; No It Doesn't, Says PIABA The Securities Industry and Financial Markets Association released a "white paper" today about how well the mandatory arbitration system works. SIFMA is trying to steal the thunder of the plaintiffs' bar, which is pushing Congress to nullify agreements to arbitrate in customer contracts. mark for My Articles similar articles
On Wall Street
December 1, 2008
Alan J Foxman
Sipc Insures Select Cases Brokers are unsure what to tell clients about SIPC coverage, as well as the rationale on arbitration disputes. mark for My Articles similar articles
On Wall Street
December 1, 2010
Alan J. Foxman
When FINRA Intervenes Even non-member firms (such as registered investment advisors) can voluntarily agree to use either FINRA's arbitration or mediation services. mark for My Articles similar articles
Registered Rep.
April 1, 2007
Turf Wars Over Advice The age-old debate between the b/d and investment advisor (RIA) industries over who should be able to provide advice and when, and whose regulatory regime offers better investor protections, is far from over. mark for My Articles similar articles
Registered Rep.
July 8, 2015
Jerry Gleeson
The New Sheriffs In 2012, more than 2,000 RIA firms who had only known the regulatory scrutiny of the Securities and Exchange Commission were transitioned over to the Wild West of state securities regulators. mark for My Articles similar articles
Registered Rep.
May 1, 2006
French & Palmer
The Argument Over Arbitration While investment-related arbitrations are supposed to be cheaper and more expeditious than trials in civil court, many say that these advantages have diminished in recent years, and that all too often the proceedings just look like outtakes from The Gong Show. Is there a better way? mark for My Articles similar articles
Financial Planning
March 1, 2013
Kenneth Corbin
SEC Registration Deadline Looms As annual registration nears, compliance experts warn RIAs to be cautious about their numbers. mark for My Articles similar articles
Registered Rep.
October 25, 2002
Rick Weinberg
PaineWebber Appeal Rejected by Supreme Court Completing "bucking" its trend of supporting arbitration over litigation, the U.S. Supreme Court rejected a UBS PaineWebber appeal of a decision that the firm claims allows clients to circumvent arbitration agreements they had previously signed. mark for My Articles similar articles
Registered Rep.
September 1, 2004
The Blame Game When is a broker or a financial planner a fiduciary?... Should I seek separate legal counsel or allow my former firm's attorney to represent me?... mark for My Articles similar articles
Managed Care
June 2002
Bob Carlson
First Business, Now Health Care: Signing Away One's Right To Sue More and more, mandatory arbitration clauses are surfacing in agreements between businesses and individuals. Will the line be drawn at managed care? mark for My Articles similar articles
Entrepreneur
February 2007
David Worrell
Stock Support Save time and money when selling stock in your company to raise money. mark for My Articles similar articles
Financial Advisor
October 2010
Andrew Gluck
Pulling The Switch Are state regulators ready to assume oversight of some 4,200 RIAs? mark for My Articles similar articles
Registered Rep.
September 14, 2011
Andrew J. Haigney
Opinion: FINRA's Land Grab Provisions of the Dodd-Frank Act are effectively forcing brokerage firms to convert their retail operations to the investment advisory model. But brokers need not worry, it looks like "the fix is in." mark for My Articles similar articles