Tag: Commentary

Arbitration Brokers Investors

Enforcing Arbitration Awards

You may need a court order to enforce an arbitrator’s award By Mark J. Astarita, Esq. Arbitration awards are not, by themselves, enforceable in a court of law. The prevailing party must have the award “confirmed” by a court. The procedure is relatively simple and is governed by state and […]

Brokers Compliance

Everyone Does It Defense Falls Short.

 Even coupled with the ever popular “I didn’t know it was a crime” defense, an Investment Advisor loses. Lessons in securities regulation for the self-help minded. By Mark J. Astarita, Esq.   Too often I hear clients, or more appropriately, potential clients, explain to me that they did not use […]

Compliance Other

Perrino Report

NASD FILES “PERINO REPORT” AMENDMENTS: Responding to the Perino Report, NASD seeks revisions on arbitrator disclosure and removal standards, plus it is narrowing its “public” and “non-public” arbitrator classifications. The amendments NASD proposes to Rules 10308 and 10312 parallel those we described in last week’s report on NYSE’s rule changes […]

Arbitration Brokers Case Law Compliance

Attempt to Void Settlement

Arbitration Panel Orders Return of Settlement Payment, and Awards Nothing. WEINBERG v. BEAR STEARNS & CO., INC., NYSE ID #2000-008216 (Los Angeles, 10/18/00): Recently confirmed, this Award presents an unusual outcome in a “two-bites-of-the-apple” scenario. According to the “Case Summary” section of the Award, Israel and Molly Weinberg entered into […]