FINRA Arbitrations: Tools & Practical Guide for 2016 and Beyond
Over the years, financial institutions have been taking disputes with investors and other members to arbitration under the auspices of the Financial Industry Regulatory Authority (FINRA). However, insufficient knowledge about FINRA's arbitration process may make the experience more difficult and the outcome problematic. Thus, keeping pace with the latest developments in FINRA arbitration is crucial for financial institutions to maximize potential advantages and avoid possible pitfalls. Understanding the most effective approach to all phases of the arbitration process reduces the chances of a surprise award.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will explain all aspects of the FINRA arbitration process, suggest approaches to each stage of the arbitration and discuss current developments which impact FINRA arbitration. Speakers will provide a comprehensive analysis of FINRA Arbitration and will cover best practices and strategies.
Some of the major topics that will be covered in this course are:
- FINRA Arbitration – do I want to participate, do I have to participate?
- The arbitration process, beginning to end.
- The importance of a Damages Analysis and leveraging Financial Schedules
- Working effectively with Consultants and Expert Witnesses
- E-discovery – how is it being applied?
- The arbitration hearing, what works, what doesn’t?
- I have an award, now what?
- Recent and expected changes to FINRA arbitration rules.
SEGMENT 1: Big Picture Considerations
Paula D. Shaffner, Co-Chair, Securities Litigation & Enforcement
- What is FINRA arbitration
- Customer complaints vs. Industry disputes
- First thing’s first: Do I have to arbitrate? Should I arbitrate?
- The Least Dirty Shirt: Arbitrator Selection
- Discovery as a Weapon: Third party discovery and “C-Suite” subpoenas
- You have an award – Now what?
SEGMENT 2: A Deeper Dive into the Arbitration Process
Ralph M. Cursio, Esq., Affiliate Expert and Consultant
Bates Group, LLC
- Tell Your Story: Preparing the Answer and affirmative defenses
- Assessment of Liability and Damages: Damage analysis and issues for testifying expert
- Pre-Hearing Conference: What to expect, what to accomplish
- Discovery: Gather up the Usual Suspects; Privilege; Other considerations?
- Discovery motions
SEGMENT 3: The Countdown begins . . . Preparing for the Hearing
William E. Mahoney Jr., Co-Chair, Securities Litigation & Enforcement
- 20 Day Exchange of exhibit and witness lists
- Pre-Hearing Briefs: Are they worth the paper they’re written on?
- Witness preparation and sequencing: Getting your troops in line
- Examination outlines and other pre-hearing necessities
SEGMENT 4: The Hearing Itself
Clint A. Corrie, Partner
- It’s just like a trial . . .Only different
- “The temperature of the room”: Assessing the arbitrators and opposing counsel
- Opening Statements
- Cross examining the Claimant: The most important witness isn’t one of yours
- Objections: When and why to make them . . . or not
- Motions to Dismiss
- When it’s over, is it really over? Grounds for appeal
CLOSING SEGMENT: Fodder for Future Arbitrations (All Panelists)
- DOL Fiduciary rule evolution
- Alternative schedules
- Elder Abuse
Who Should Attend:
- Financial Crime Attorneys & Consultants
- Finance Lawyers
- Corporate Governance Attorneys
- Banking & Finance Attorneys
- Investment Attorneys
- M&A Attorneys
- Securities Attorneys
- Capital Markets Attorneys
- Financial Executives & Officers
- Bank and Financial Executives
- Legal and Compliance Executives
- Other related & Interested Professionals
Paula Shaffner is widely recognized as a fierce advocate for clients in the financial services industry. For almost 30 years, Paula has represented individuals and companies in securities litigation, and defended clients in regulatory matters before the U.S. Securities and Exchange Commission (SEC), the Financial Industry Regulatory Agency (FINRA) and various exchanges and state regulators. She also represents clients in litigation filed in court or arbitration. Paula conducts internal investigations and provides compliance counseling. Her clients include public companies, mutual funds, hedge funds, investment companies and advisers, broker dealers and individuals associated with those entities.
Paula Shaffner is widely recognized as a fierce advocate for clients in the financial services industry. For almost 30 years, …
Bill Mahoney is an accomplished trial attorney whose practice is focused on complex business litigation, particularly within the financial services industry. For more than 20 years, Bill has represented financial institutions such as brokerage firms, investment advisers and banks in all manner of disputes, including securities litigation and arbitration, and regulatory investigations and enforcement proceedings. He also regularly represents businesses of all sizes in a wide array of commercial litigation, including employment discrimination and sexual harassment matters, unfair competition and restrictive covenant claims, class actions, copyright infringement and intellectual property matters, and professional liability disputes.
Bill Mahoney is an accomplished trial attorney whose practice is focused on complex business litigation, particularly within the financial services …
Ralph Cursio, Esq., is a Bates Group affiliate expert and consultant specializing in Federal securities laws with an emphasis on the defense of entities and individuals in securities regulatory actions. His experience includes cases in Federal and State Courts, arbitrations before the NYSE, FINRA (NASD), the Pacific Stock Exchange, the AAA, as well as Reparations Proceedings before the CFTC. He has broad experience handling securities arbitration matters and managing in-house and outside counsel. Mr. Cursio has also advised regional management, resolved major customer disputes, supervised and handled mediations of customer claims, conducted internal investigations, and participated in SEC and self-regulatory organization inquiries.
Mr. Cursio spent the majority of his career with Merrill Lynch in a variety of positions including litigation counsel, First Vice President and Assistant General Counsel. After leaving Merrill Lynch, Mr. Cursio was of counsel to the New York office of Loeb & Loeb LLP, where his practice focused on securities litigation and arbitration
Mr. Cursio has been a Panel Member and Chair at SIFMA seminars, a Lecturer at the Nassau County Bar Association and a Panelist at Theodore Roosevelt Inns of the Court (Long Island) on topics involving securities law, securities litigation/arbitration and regulatory issues.
Ralph Cursio, Esq., is a Bates Group affiliate expert and consultant specializing in Federal securities laws with an emphasis on …
Clint Corrie focuses his practice primarily in complex commercial litigation, with an emphasis on banking, securities litigation, and arbitration. He is experienced in a broad range of litigation and arbitration having tried jury and non-jury trials in state and federal courts, and before national and international arbitral tribunals. Clint has both prosecuted and defended in trade secrets and employment related litigation involving injunctions and extraordinary relief. He has extensive experience in directors and officers, errors and omissions, and fidelity insurance matters.
Clint Corrie focuses his practice primarily in complex commercial litigation, with an emphasis on banking, securities litigation, and arbitration. He …
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About Stradley Ronon
Counseling clients since 1926, Stradley Ronon has helped private and public companies – from small businesses to Fortune 500 corporations – achieve their goals by providing pragmatic, value-driven legal counsel. With seven offices throughout the mid-Atlantic region, our responsive team of more than 200 attorneys seamlessly addresses the full spectrum of our clients’ needs, ranging from sophisticated corporate transactions to complex commercial litigation.
About Bates Group, LLC
Voted a “2015 Best Securities Litigation Consulting Firm” by readers of the New York Law Journal, Bates Group is the nation’s preeminent financial services consulting firm, providing end-to-end solutions on legal and compliance matters for financial services firms and their counsel. Bates’ 80+ financial industry experts offer services in arbitration and litigation consultation and testimony, regulatory and internal investigation matters, compliance solutions, forensic accounting, and damages consulting. Bates also provides RegTelligence®, the first comprehensive database of regulatory enforcement actions. With three decades of working with leading law firms, financial services companies and regulatory bodies Bates Group supports you every step of the way.
About Akerman LLP
Akerman LLP is a leading transactions and trial law firm known for its core strengths in middle market M&A, within the financial services and real estate industries, and for a diverse Latin America practice. With more than 650 lawyers and government affairs professionals and a network of 24 offices, it is ranked among the top 100 law firms in the United States by The American Lawyer (2016). Akerman also is ranked among the top 50 law firms for diversity in The American Lawyer's Diversity Scorecard (2016).
Akerman's Litigation Practice Group has vast experience in a wide range of civil and criminal litigation, including class action defense, securities and corporate litigation, banking, white collar crime and government investigations, insurance, and real estate. The Litigation team is recognized nationally by U.S. News - Best Lawyers in several categories including Commercial Litigation and Appellate.