Soft Dollar Arrangements are agreements between broker-dealers and their clients where the broker-dealer provides, in addition to other services, research to the client, in addition to execution services. The research, which includes reports, access to analysts, or third party reports is provided to the client by the broker-dealer at the […]
Investors
Customer Pays Fidelity Full Damages on ACAT Transfer Error
Panel awards Fidelity Brokerage Full Damages on Mistaken ACAT Transfer FIDELITY BROKERAGE SERVICES, INC. v. LaVALLIE, NASD ID # 99-03918 (New York, 8/22/03). A customer who wrongly retained an over delivery of securities is held liable for the consequences, in spite of the broker-dealer’s error. Fidelity made a mistake when […]
Customer Ratifies Unauthorized trades
Ratifies Unauthorized Transactions by Failure to Object John Dawson & Associates, NDIll Bankruptcy Court John Dawson & Assoc., Inc., In Re, Adversary No. 99 A 00536 (N.D. Ill. Bankr., 1/16/03). Bankruptcy/Insolvency Issues * Ratification * Unauthorized Trading * Statutory Definitions (“Conversion”) * SIPA. SIPC claim is disallowed due to ratification […]
The Story of Martha and The Telephone Call
Proving Aesop Right Once Again – We Often Give Our Enemies the Means of Our Own Destruction By Mark J. Astarita, Esq. Avoid a remedy that is worse than the disease. We had better bear our troubles bravely than try to escape them We often give our enemies the means for […]
SEC Concern Over Margin, Whisper Numbers
Analysts, Margin, Chat Rooms Come into Focus, But is the Focus Correct? By Mark J. Astarita, Esq. While many analysts and brokers ponder how much higher the market can go, and some industry professionals continue to call for the bursting of the bubble, Securities and Exchange Commission Chairman Arthur Levitt […]
SEC Position on Mutual Fund Fair Value Released
New Obligations for Mutual Fund Directors? By John M. Baker, Esq. The staff of the Securities and Exchange Commission recently issued an interpretive letter on the obligation of investment companies and their directors to determine in good faith the fair value of the funds’ portfolio securities when market quotations are […]
Suitability and Whisper Numbers under Attack
New Proposals for a New Millennium – Suitability and Whisper Numbers Mark J. Astarita The end of the millennium has further demonstrated the changes that are in store for the brokerage industry in the start of the new millennium. Last month I took a look forward, but since writing that […]
Liar, Liar?
Misrepresentation cases in securities arbitration By Mark J. Astarita, Esq. This is one of Mark’s original columns from September 1996 in Research Magazine. It has been updated since then, most recently in June of 2021. The reality is…not much has changed. Misrepresentation claims are one of the most common claims […]
