Why you should attend
Last year’s fervor over the fairness of arbitration has not so much subsided as it has been refined. In response to this shift, in 2012 FINRA will focus on streamlining and improving its dispute resolution forum, including fine-tuning the arbitrator disclosure process. FINRA’s goal is to ensure early disclosure of relevant arbitrator information, in order to save the parties the time and expense associated with replacing arbitrators whose disclosure is incomplete, while allowing for the parties’ continued input into the arbitrator selection process.
This year’s Securities Arbitration
program will feature FINRA Dispute Resolution’s Director, staff, and arbitrators, as well as noted academics and experienced attorneys who represent both customers and industry players. Our faculty will explore FINRA’s efforts to improve the arbitrator disclosure process and provide you with practical tips on drafting claims and answers, striking and ranking proposed arbitrators, trying expungement hearings and resolving common ethical dilemmas that arise in securities arbitration practice.
What you will learn
- Find out what’s new at FINRA, including:
- Impact of recent rule changes
- Proposed changes in FINRA Dispute Resolution’s arbitration rules and practices
- Plans for the continued enhancement of the arbitrator selection process
- The evolution of the discovery process in FINRA arbitration
- Examine the proposed rules for brokers seeking expungement of their record in the Central Registration Depository but who are not named parties in disputes between firms and customers
- Analyze recent legislative developments and case law trends
- Learn about a new pilot program for large cases
- Get tips on avoiding “cramdown” arbitrator appointments
participate in our special interactive demonstration of an expungement hearing and earn ethics credit
at our new
session exploring scenarios that highlight the ethical traps that counsel and arbitrators may encounter. You’ll also get a special introduction to the new Web portal that FINRA is currently developing, which will allow parties and arbitrators to exercise greater control over the administration of their cases.
Who should attend
Attorneys who represent customers, brokers or broker-dealers in securities arbitration, or those who are seeking to enter into the practice, and who would like a comprehensive review of developments - including FINRA rule changes, SEC rule-making and case law - that have occurred in the field over the past year, as well as practice tips. Additionally, FINRA arbitrators will receive valuable information and guidance from FINRA staff, seasoned practitioners and arbitrators, as well as a notation on their FINRA Arbitrator Disclosure Reports that they attended the program.
Morning Session: 9:00 a.m. - 12:30 p.m.
9:00 Introduction and Opening Remarks
Sandra D. Grannum
9:15 What’s New?
- Short List Method for replacing arbitrators
- Predispute arbitration agreements
- Customer option for all public panel rule
- Pilot for large cases
- Web portal demonstration
Moderator: George H. Friedman
Panelists: Kenneth L. Andrichik, Barbara L. Brady, Todd Y. Saltzman, James Schroder
10:15 Arbitration Practicum on Prehearing Matters
- Drafting statements of claim and answers
- Tips for filing documents with FINRA
- List selection
Moderator: Richard W. Berry
Panelists: Philip S. Cottone, Margo A. Hassan, Jenice L. Malecki, Manly Ray, Beverly Jo Slaughter
11:15 Networking Break
11:30 Expungement Hearings
- How to try an expungement hearing
- Timing a request for expungement (pleadings, upon settlement, at hearing)
- Confirmation of expungement awards
- FINRA’s In Re proposal
Moderator: Todd Y. Saltzman
Panelists: Sandra D. Grannum, Professor Constantine, N. Katsoris, Laurence S. Moy, Richard E. Pullano, Manly Ray
Afternoon Session: 1:45 p.m. - 5:00 p.m.
1:45 Demonstration of an Expungement Hearing
Panelists will provide an interactive demonstration of an expungement hearing, including ethical considerations that may arise in an expungement scenario:
- Representations and limited representations
- Conflicts in joint representations
- Participants and input into the process
Moderators: Seth E. Lipner, Harry T. Walters
Panelists: Philip S. Cottone, Laurence S. Moy, Beverly Jo Slaughter
2:45 Ethical Issues in Securities Arbitration and Mediations
- Actual or perceived conflicts of interest, bias or impartiality
- Adequacy and timing of disclosures
- Exceeding powers
- Independent judgment and performance of duty
Moderator: Professor Jill I. Gross
Panelists: Joel E. Davidson, Roger M. Deitz, Professor Constantine N. Katsoris, Seth E. Lipner
3:45 Networking Break
4:00 Securities Arbitration: Recent Developments in the Law and Future Trends
- Recent changes in the Code and their effects on the forum
- Recent judicial decisions relating to arbitrations
- Sarbanes-Oxley and fiduciary duties in 2012
- Mid-case regulatory referrals during arbitrations
Moderator: Sandra D. Grannum
Panelists: Ryan K. Bakhtiari, George H. Friedman, Professor Jill I. Gross, Jenice L. Malecki, Harry T. Walters
Richard W. Berry
~ Senior Vice President and Director of Case Administration and Regional Office Services, FINRA Dispute Resolution
George H. Friedman
~ Executive Vice President and Director of Arbitration, FINRA Dispute Resolution
Professor Jill I. Gross
~ Professor of Law; Director of Legal Skills; Director, Investor Rights Clinic, Pace Law School
Seth E. Lipner
~ Professor of Law, Zicklin School of Business, Baruch College, Deutsch & Lipner
Todd Y. Saltzman
~ Deputy Director of Case Administration, FINRA Dispute Resolution
Harry T. Walters
~ Executive Director; Legal and Compliance, Morgan Stanley Smith Barney
Kenneth L. Andrichik
~ Senior Vice President; Chief Counsel and Director of Mediation and Strategy, FINRA Dispute Resolution
Barbara L. Brady
~ Vice President and Director of Neutral Management, FINRA Dispute Resolution
Joel E. Davidson
~ Professor, Fordham University School of Law; Principal, SureSettle, LLC
Richard E. Pullano
~ Associate Vice President & Counsel, FINRA Registration and Disclosure
~ Regional Director, FINRA Dispute Resolution
~ Associate Vice President of Product Management, FINRA Dispute Resolution
New York City Seminar Location
PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.
New York City Hotel Accommodations
The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.
The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: email@example.com.
PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys, except Arizona. Please be sure to check with your state for details.
Please check the CLE Calculator above each product description for CLE information specific to your state.
Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.
Please note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
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Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.