Meyer Wilson

Recovering Losses Caused By Investment Misconduct

Arbitration

Common Arbitration Questions

I Won My FINRA Arbitration Case Against My Prior Stockbroker. Now What?

Although many cases are settled prior to a final hearing, you might be wondering what happens at the end of the process if there is a final hearing. If your case proceeds all the way through a final FINRA arbitration hearing, what happens next?

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The Discovery Process in FINRA Arbitration

After your FINRA arbitration claims have been filed, your case will proceed to what is called the “discovery” process. It is during the discovery process that the parties work to obtain facts and information from the other parties in the case in order to support their claims and defenses and prepare for the final arbitration hearing.

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What happens during an arbitration hearing?

All customer complaints against brokerage firms are subject to mandatory binding arbitration through the Financial Industry Regulatory Authority, or FINRA. This means that a customer dispute is decided not by a judge or a jury, but by a panel of arbitrators trained and appointed by FINRA to decide customer cases.

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What happens to the personal documents I send my securities arbitration lawyer?

Many new clients who file an arbitration case with the Financial Industry Regulatory Association (FINRA) ask us the same question: what happens to the personal documents I send to you, as my securities arbitration lawyer?

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The FINRA arbitrator selection process

Most brokerage firms make their customers sign paperwork that requires the mandatory arbitration of any customer dispute. This means that if you have a legal claim against your brokerage firm, you typically cannot bring your case in court to be decided by a judge or a jury.

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What documents should I gather during the discovery process?

Once you have filed your investment loss claims, your arbitration case will proceed to the discovery process. There are a variety of documents your lawyer will need to uncover relevant facts and put together your defense.

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Will filing a complaint against your broker through FINRA’s investor online complaint program get your money back?

It can be difficult to figure out what to do when problems come up with your broker. There are several courses of action you can take, but not all of them will help you recover your losses.

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How does FINRA arbitration differ from court?

If you have been a victim of investment fraud, you will need to bring your case in front of the FINRA arbitration panel. Learn how this differs from civil trial court cases and why you need an experienced FINRA arbitration lawyer.

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How can I avoid investing in an REIT scam?

REITs or "Real Estate Investment Trusts" can work, but there are also many REIT scams out there. One red flag is if you are having trouble finding information on the people selling you the investment.

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Can I file a stockbroker misconduct claim in court or do I have to go through arbitration?

If you have a claim of misconduct against your stockbroker, it is very likely that your case will be handled in FINRA arbitration.

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Where do I file a complaint against a stockbroker?

Before you can file a complaint against your stockbroker, you must find out if you have a credible claim. If you do find out your claim has merit, you will likely go through FINRA.

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What happens if I lose my FINRA case?

Although all FINRA arbitration decisions are final, some people do appeal these decision. You want to make sure that you don't lose your FINRA case in the first place. We may be able to help.

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My stockbroker seems to be making a lot of trades on my account, and I'm not sure why. Should I be worried about stockbroker fraud?

If you are suspicious about your broker's activity on your account, the best thing to do is ask. Making a lot of trades isn't necessarily a bad thing, unless your broker is doing it solely for the purpose of generating commissions.

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Is legal representation required in securities arbitration?

If you believe that your broker or financial advisor is guilty of some type of misconduct and you choose to take your broker to arbitration, you do have the ability to represent yourself.

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What types of documents do I need to provide if I pursue a claim against my broker in securities arbitration?

There are generally seven types of documentation that FINRA will require you to provide if you take your broker to arbitration.

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Can I file a complaint against my broker in addition to pursuing arbitration?

Arbitration deals solely with settling a dispute between you and your broker/adviser. If you pursue arbitration but you also believe your broker could be putting other investors at risk, you could also file a complaint.

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Is FINRA arbitration binding?

Any type of securities arbitration will be binding. This highlights the importance of taking the appropriate measures to build a strong case.

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What is securities arbitration?

Arbitration is an alternative to litigating an investment-related case in court.

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Who oversees the arbitration proceedings?

Most arbitration proceedings that take place in the United States are administered by the Financial Industry Regulatory Authority (FINRA).

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What are the costs associated with arbitration?

Typically, investor claim attorneys will handle cases on a contingent basis or "contingency fee" basis. This means that the investor does not pay attorney fees unless/until their attorney makes a recovery.

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Where does the arbitration take place?

This will depend on a number of factors, such as the location of the broker/adviser and the residence of the investor.

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What is mediation and how is it different than arbitration?

Mediation is slightly different from arbitration. Mediation can happen concurrently with arbitration, the goal being to open dialogue and negotiations between both parties.

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When Choosing an Attorney, Results Matter

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  • $10M
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  • $3.2M
    $3,200,000 of Losses Recovered by Meyer Wilson for More Than 50 Families of Ponzi Scheme in California

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