Securities Arbitration & Mediation: A 2017 Update
Securities arbitration and mediation are two distinct ways of resolving disputes between brokers and investors without going to court. Most claims are filed with the Financial Industry Regulatory Authority (FINRA) which enforces securities rules. Recent rule changes and other activities in financial marketplaces have brought significant developments to this increasingly complex securities arbitration and mediation landscape.
This course offers a discussion of recent rule changes, decisions, and other developments in the law. The speakers will also provide practical suggestions and expert advices on prosecuting and defending securities arbitration and mediation.
Some of the major topics that will be covered in this course are:
- Securities Arbitration and Mediation – An Overview
- The FINRA Task Force Recommendations
- Whether and When to Settle a Securities Mediation
- Recent Case Law, Rule Changes and Trends
- Drafting Persuasive Pleadings
- How to Succeed in Securities Arbitration and Mediation
Jackson Walker LLP
Wiand Guerra King P.A.
- Overview of recent developments.
- Arbitrator selection
- Statement of Claim and Answer.
- Discovery. (Discovery guide)
- Protective orders.
- Dispositive motions.
- Evidentiary issues.
- Stipulations that can be reached.
- Non-party witness subpoenas.
- Arbitrator affirmations re reading briefs, understanding the law, etc.
- Opening statement.
- Conducting the hearings.
- The mediation agreement and fee structure.
- Hourly vs. flat fee.
- Prehearing phone conference.
- Special considerations;
- Is the case ready for mediation?
- Are P/L’s ready and are there damages issues?
- Opening statements;
- Facilitative vs. evaluative;
- Tenor of the meditation;
- Parties to bring an agreed upon settlement agreement and release.
- Contents of the short brief.
- Status of settlement negotiations;
- Procedural posture;
- Key cases, no string cites and copies of cases and key documents attached;
- Will the parties exchange briefs?
- Prehearing conference calls with counsel one-on-one may be advisable.
- The phases of a mediation.
- Mediator’s ground rules;
- If openings will be made, keep them short and neutral;
- Avoid posturing, antagonistic line-drawing/confrontation;
- Building an authentic rapport with the parties;
- Caucusing with the claimant;
- The importance of letting individuals tell their story;
- Caucus with respondent’s counsel and the company rep.;
- Shaping expectations as you go;
- Scrupulous adherence to requests that information not be shared with the other side;
- Do not deliver a settlement number or statement unless you are comfortable with it or instructed categorically to communicate it.
- Push back on negotiation techniques when necessary (e.g., “take it or leave it” bid/asks);
- Do not be daunted by seemingly unrealistic offers;
- It may not be until late in the day that the real numbers start getting exchanged;
- Offer to stay late if progress is being made;
- Specialized techniques such as mediator proposal and bracketing.
- Never give up. Offer additional days or follow up communications.
- Get something signed if a settlement is reached.
Who Should Attend:
- Arbitration & Mediation Attorneys
- Securities Lawyers and Practitioners
- Arbitrators and Mediators
- In-house Counsel
- Compliance Officers
- Other Interested Professionals
Jonathan Neerman is a highly skilled trial attorney with experience in all phases of litigation, not only at the trial and appellate levels in federal and state courts, but also in various alternative dispute resolution forums. Jonathan’s practice includes all aspects of commercial litigation, arbitration, complex business litigation, real estate litigation, securities litigation, and regulatory enforcement, primarily involving financial institutions. He has represented clients in industries ranging from banking and financial services to real estate and media. Jonathan has particular expertise representing broker-dealers, investment advisors, and clearing firms in state court, federal court, and arbitrations on a nationwide basis. He has also counseled clients involved in federal and state securities investigations and litigation, including those related to the Securities and Exchange Commission and Financial Industry Regulatory Authority. He also has led intense and efficient domestic investigations for companies, broker-dealers, and investment advisors.
Jonathan received his B.S. from Texas A&M University and his J.D., cum laude, from George Washington University.
Jonathan Neerman is a highly skilled trial attorney with experience in all phases of litigation, not only at the trial …
Cameron Stout has been a nationally recognized financial services attorney practicing in California for more than thirty years. Since graduating from Princeton University in 1980, and receiving his J.D. with honors from the University of San Francisco School of Law in 1984, Cameron has represented financial services companies, particularly broker-dealers and banks, in a wide variety of securities, regulatory and employment matters. His securities practice runs the gamut of financial products and matter types, including nationwide product failures involving mutual funds, limited partnerships, REITs, and other securities and commodities customer disputes.
Cameron has defended financial services entities in regulatory investigations and enforcement actions before the SEC and FINRA. These cases have included allegations of churning, unsuitable trading, failures to supervise, mutual fund market timing claims and late trading cases; as well as Ponzi schemes, embezzlement and money laundering. Through Cameron’s representation of commercial banks, he has become well-versed in complex commercial disputes and banking, and UCC issues, including check forgeries, alterations and third-party instruments.
Cameron has also defended and consulted with clients in a broad range of employment cases involving claims of wrongful termination, discrimination, retaliation and trade secret misappropriation.
As a certified California mediator, as a volunteer on various California court mediation panels, and through his years as a securities and employment litigator and consultant, Cameron has developed significant expertise in the mediation field. He has represented disputants in over 150 mediations, and tried scores of arbitrations and trials before FINRA, the AAA and in state and federal courts. Consequently, he has developed expertise and a wide range of experience in, and familiarity with, the mediation and arbitration processes and structure, as well as a variety of negotiation strategies and case resolution techniques. In addition to securities and employment cases, Cameron will handle family law, health insurance benefits/coverage matters, and estate and elder abuse proceedings. Cameron is located in Palo Alto, California, he is not admitted to practice in Florida.
Cameron Stout has been a nationally recognized financial services attorney practicing in California for more than thirty years. Since graduating …
Print and review course materials
Method of Presentation:
Experience in Securities Law and Arbitration & Mediation
NASBA Field of Study:
NY Category of CLE Credit:
Areas of Professional Practice
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About Jackson Walker LLP
Jackson Walker LLP has more than 130 years of experience serving clients in key practices and industries throughout Texas, the United States and internationally. The firm consists of over 360 lawyers in seven offices throughout Texas. Jackson Walker is ranked nationally in 27 practice areas in the U.S. News “Best Law Firms” rankings, has twelve Chambers-ranked practices, and was recognized in the BTI Client Service A-Team list in 2017 and numerous other times in recent years. Learn more at: https://www.jw.com.
About Wiand Guerra King P.A.
Our firm was formed in 2009 when we moved from one of the largest and most highly-regarded firms in Florida. Before that, some of our lawyers hailed from senior levels of the SEC’s Division of Enforcement, from one of the nation’s top financial services firm, and from leading national and international law firms. The firm’s founders have practiced together in one form or another since 1994. In 2015, WGK opened its second office in Palo Alto, California.
We have over two centuries of combined experience in regulatory proceedings, civil and white-collar criminal litigation, and arbitration. Our lawyers have been recognized for excellence by their peers in The Best Lawyers in America, Florida Super Lawyers, California Super Lawyers, and Florida Trend magazine’s Legal Elite. Our vision is to provide the highest quality representation on the most sophisticated and complex litigation and regulatory matters.