Securities Arbitration 2010

Overview

Recently admitted NY attorneys: This program is accredited for transitional CLE credit

Why You Should Attend

In the past year, Congress debated whether to overhaul regulation of financial institutions and eliminate mandatory arbitration of consumer and securities disputes, FINRA tweaked several key arbitration rules and practices to counter relentless scrutiny of the fairness of its forum, and the Supreme Court reaffirmed its interpretation of the Federal Arbitration Act as codifying a strong national policy favoring arbitration. How have these competing forces changed the landscape of securities arbitration in the past year? How will these forces converge in the near future?

This year’s Securities Arbitration program will attempt to answer these questions and others, with panels of FINRA Dispute Resolution’s directors, staff and arbitrators; experienced attorneys representing customers, brokers and firms; and regulators and academics who grapple with these issues. In particular, this year the program will feature an expanded series of panels featuring FINRA’s Director of Arbitration and his staff. We will encourage interactive presentations.

What You Will Learn

• Recent and proposed changes in FINRA Dispute Resolution’s arbitration rules and practices
• The impact of significant 2009 rule changes on motions to dismiss and expungement requests
• How the discovery process in FINRA arbitrations may be changing
• How to select and challenge arbitrators, including an examination of the Public Arbitrator Pilot Program
• Developments of importance to arbitrators
• Case law updates in the areas of broker-dealer regulation and Supreme Court arbitration jurisprudence
• Nuanced perspectives from both customer and industry attorneys
• Predictions from academics and regulators regarding the future of mandatory securities arbitration

Who Should Attend

Attorneys who represent customers or brokers in securities arbitration, or who are seeking to break 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; and FINRA arbitrators.

Special Features

Live Webcast - The New York City session of this program is available live via the web:

• Print the Course Handbook
• Submit questions electronically
• Get “real-time” education right from your PC!

If you have any questions please call PLI’s Customer Relations Department at (800) 260-4PLI.

For more information click on the Live Webcast link in the Related Items box.

Special Bonus to all Registrants

All attendees receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment this program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Schedule

Please plan to arrive with enough time to register before the conference begins. A networking breakfast will be available upon your arrival.

Morning Session:  9:00 a.m. - 12:30 p.m.

9:00  Opening Remarks and Introduction

Professor Jill I. Gross

9:15  What’s New at FINRA?

• Highlights of rule filings and changes
• Public Arbitrator Pilot Program
• Website changes
• Policy/practice changes
• Arbitrator training materials

Moderator: George H. Friedman
Panelists: Kenneth L. Andrichik, Richard W. Berry, Barbara L. Brady

10:00  Impact of Rule Changes on Practice/In-depth Examination

• Motion to dismiss
• Expungement requests and U4/U5 requirements
• Single arbitrator threshold
• Proposed Discovery Guide
• Proposal to eliminate inability to pay defense
• Proposal to provide for attorney representation of non-party witnesses
• What rule change would you like to see next?

Moderator: Kenneth L. Andrichik
Panelists: Richard W. Berry, Steven B. Caruso, Sandra D. Grannum, Professor Jill I. Gross

11:15  Networking Break

11:30  Arbitrator Selection and Challenge

• NLSS - How does it work?
• Selecting arbitrators in the Public Arbitrator Pilot Program
• Proposal to expand arbitrator selection lists
• Arbitrator disclosure reports
• Researching past awards
• Asking questions of arbitrators
• Grounds to challenge FINRA arbitrators
• Timing of challenges
• Guidance in Morgan Keegan and the RMK Bond Fund Cases

Moderator: Barbara L. Brady
Panelists: Richard W. Berry, Steven B. Caruso, Sandra D. Grannum

12:30  Lunch

Afternoon Session:  1:45 p.m. - 5:00 p.m.

1:45  Developments in Securities Law and Arbitration Law (Judicial)

• Supreme Court developments
• New securities law cases
• New arbitration law cases
• Differences between federal and state law

Professor Barbara Black, Professor Jill I. Gross, Professor Stephen J. Ware

2:45  Developments in the FINRA Arbitration Discovery Process

• New Discovery Guide
• FAA §7/Third-party subpoenas
• Confidentiality orders
• Application of state vs. federal law

Moderator: Professor Barbara Black
Panelists: Mark J. Astarita, John E. Lawlor, Jenice L. Malecki, Jeffrey F. Silverman

3:45  Networking Break

4:00  The Future of Securities Arbitration

• Mandatory arbitration?
• Legislative developments - AFA; Restoring American Financial Stability Act of 2010
• SEC rules changes; FINRA Rule 12200
• The future of the industry arbitrator/Public Arbitrator Pilot
• Predictions?

Moderator: Professor Jill I. Gross
Panelists: Patricia E. Cowart, Linda D. Fienberg, Scott R. Shewan, Professor Stephen J. Ware

5:00  Adjourn

Faculty

Chairperson(s)

Jill I. Gross, Professor of Law; Director, Investor Rights Clinic, Pace Law School

Moderator(s)

Kenneth L. Andrichik, Senior Vice President - Chief Counsel and Director of Mediation and Strategy, FINRA Dispute Resolution
Barbara Black, Charles Hartsock Professor of Law; Director, Corporate Law Center, University of Cincinnati College of Law
Barbara L. Brady, Vice President and Director of Neutral Management, FINRA Dispute Resolution
George H. Friedman, Executive Vice President and Director of Arbitration, FINRA Dispute Resolution

Speaker(s)

Mark J. Astarita, Beam & Astarita, LLC
Richard W. Berry, Senior Vice President and Director of Case Administration and Regional Office Services, FINRA Dispute Resolution
Steven B. Caruso, Maddox Hargett & Caruso, P.C.
Patricia E. Cowart, Assistant General Counsel, Wells Fargo Law Department
Linda D. Fienberg, President, FINRA Dispute Resolution
Sandra D. Grannum, Davidson & Grannum LLP
John E. Lawlor, The Offices of John E. Lawlor, Esq.
Jenice L. Malecki, Malecki Law
Scott R. Shewan, Pape & Shewan L L P
Jeffrey F. Silverman, Executive Director, Head of MSSB Client Litigation, Morgan Stanley Smith Barney Legal Department
Stephen J. Ware, Professor of Law, University of Kansas School of Law

Program Attorney(s)

Stacey L. Greenblatt, Practising Law Institute

CLE Credit

Travel Information

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: res.ny@warwickhotels.com.