Securities Arbitration: Practice and Forms - Third Edition
Securities Arbitration: Practice and Forms - Third Edition is the leading start-to-finish guide and reference to the entire arbitration process for all types of participants, including public investors and their counsel, representatives of brokerage firms and other financial institutions (including inside counsel, outside counsel, and compliance directors and their staffs), members of the staffs of sponsoring organizations, and arbitrators themselves. This publication is an efficient tool that can be readily used by all participants at every stage in the arbitration process to deal with the various issues, questions and problems that arise in such proceedings. It has been written as a comprehensive text with special emphasis on practice and procedure. This book is a required reference and guide for all those involved in the Securities Arbitration process.
PART I Securities Arbitration
Chapter 1 The Regulatory Framework of Securities Arbitration
Chapter 3 The Arbitration Agreement
Chapter 4 Determining Whether to Arbitrate or Litigate
Chapter 5 Compelling or Resisting Arbitration
Chapter 6 Commencing an Arbitration Proceeding
Chapter 8 The Conduct of the Hearing
Chapter 9 Remedies and Damages
Chapter 11 Enforcing or Appealing an Arbitration Award
Chapter 12 Mediation: An Alternative to Arbitration
Index
PART II Statutes, Pleadings, and Forms
Chapter 1 The Regulatory Framework of Securities Arbitration
1-A Federal Arbitration Act, 9 U.S.C. § 1-306 (2018)
1-B Revised Uniform Arbitration Act
Chapter 3 The Arbitration Agreement
3-A Arbitration Provision Excerpt from Clearing Agreement
3-B Arbitration Provision Excerpt from Form U-4
Chapter 5 Compelling or Resisting Arbitration
5-A Letter Demanding Arbitration and Requesting that Civil Action Be Withdrawn
5-B Defendant’s Motion to Compel Arbitration and Stay Action
Chapter 6 Commencing an Arbitration Proceeding
6-A FINRA Statement of Claim (Customer Case)
6-B FINRA Respondent’s Statement of Answer and Affirmative Defenses (Customer Case)
6-C FINRA Statement of Claim (Expungement)
6-D FINRA Counterclaim and Third Party Claim
6-E Letter to FINRA Requesting Consolidation of Claims
Chapter 7 Pre-Hearing Matters
7-A FINRA Response to Production of Documents Pursuant to FINRA Document Production List (Customer Complaint)
7-B FINRA Request for Production of Documents and Information
7-C FINRA Response to Request for Production of Documents and Information
7-D FINRA Motion to Compel Production
7-E FINRA Subpoena for Attendance at Arbitration Hearing (Rule 12512)
7-F FINRA Order Directing Appearance at Arbitration Hearing (Rule 12513)
7-G FINRA Motion to Dismiss Ineligible Claims (Rule 12206)
7-H FINRA Motion to Dismiss (Rule 12504(a))
7-I FINRA Witness and Exhibit List
7-J Confidentiality Agreement Concerning Discovery
7-K Settlement Agreement and Release
APPENDIX Rules and Forms: Internet Resources
Chapter 2 Jurisdiction
Arbitration and Mediation Forums
Chapter 3 The Arbitration Agreement
Sample Arbitration Clauses
Chapter 4 Determining Whether to Arbitrate or Litigate
Codes of Arbitration Procedure
Chapter 6 Commencing an Arbitration Proceeding
FINRA DR Portal User Guide for Arbitration and Mediation
FINRA Summary of Arbitration Fees
FINRA Claimant’s Arbitration Submission Agreement
FINRA Respondent’s Arbitration Submission Agreement
AAA Commercial Demand for Arbitration Form
JAMS Demand for Arbitration form
Chapter 7 Pre-Hearing Matters
FINRA Dispute Resolution Party’s Reference Guides
FINRA Discovery Guides
FINRA Uniform Forms Reference Guide
FINRA Arbitrator’s Guide
FINRA Prehearing/Hearing Scripts & Forms
Chapter 9 Remedies and Damages
FINRA Arbitrator’s Form Order on Request for Permanent Injunction
Chapter 10 The Award
FINRA Award Information Sheet
Chapter 12 Mediation: An Alternative to Arbitration
FINRA Code of Mediation Procedure
FINRA Mediation Submission Agreement
FINRA Mediation Filing Fees
AAA Mediation Services
JAMS Mediation Case Submission Form
JAMS Mediation Agreement
W. Reece Bader received his B.A. in 1963 from Williams College, and his J.D. in 1966 from Duke University of Law, where he was an Editor, Duke Law Journal. After a clerkship with Warren E. Burger on the United States Court of Appeals, D.C. Circuit, he joined Orrick, Herrington & Sutcliffe in 1968 and became a partner in January 1974.
Mr. Bader has concentrated his practice in the area of securities and futures litigation since 1970. He has extensive experience, involving substantial jury and non-jury trial work in broker-dealer litigation including securities, commodities and public finance. Mr. Bader handles appellate matters and has represented the Securities Industry Association as amicus curiae in broker-dealer litigation. He has acted as lead defense counsel in complex class actions involving initial public offerings and derivative suits, both on behalf of underwriters, companies and officers and directors.
Mr. Bader regularly represented broker-dealers and individuals in both SEC and SRO enforcement actions. These representations involved a wide variety of issues including insider trading, net capital rules, political contributions, just and equitable trade practices, failure to supervise, books and records, and practices affecting options, futures and Rule 144. As part of his practice he appears in arbitrations conducted by self-regulatory organizations. As a complement to this practice, he assists the firm’s Public Finance Department in litigation concerning municipal securities.
He is a former member of the National Arbitration and Mediation Committee of the NASDR, past Co-Chair of the Securities Litigation Committee, and past Co-Chair of the Alternative Dispute Resolution Committee of the ABA’s Litigation Section, a member of the Securities Dispute Resolution Committee of the Center for Public Resources and member of its Distinguished Neutrals Panel. With fifty years of experience in securities and futures litigation, Mr. Bader frequently writes and lectures on issues pertinent to securities litigation, arbitration, and mediation.
Burton W. Wiand received his B.A. in 1968 from the University of the South and his J.D. from the University of Georgia in 1971. He began his legal career in 1971 by spending almost 14 years with the SEC’s Division of Enforcement in Washington, D.C. He entered private practice in 1984. In 1989, he joined Fowler White Boggs Banker in Tampa and built a nationally recognized financial services and complex litigation practice. In 2009, along with other members of that practice, he formed Wiand Guerra King. With more than 40 years of practice, Burt Wiand has become known as a lawyer that businesses and individuals involved in business turn to when dealing with the most difficult of legal circumstances. In addition to handling hundreds of securities arbitrations, his practice includes white collar criminal defense, defense of regulatory matters involving governmental agencies and SROs, and complex litigation. A major portion of his practice over the years has involved representing individuals and companies in arbitrations in a variety of fora.
Mr. Wiand’s practice has involved defending senior officers of broker-dealers in SEC and FINRA proceedings, the defense and trial of a number of SEC enforcement proceedings, the defense of securities and other financial services class actions and derivative lawsuits, and the representation and defense of financial institutions in clients’ federal and state regulatory investigations and proceedings throughout the country. He has also handled hundreds of arbitration proceedings.
In addition to representing clients in defense litigation, regulatory and law enforcement actions, he is often called upon by his clients to provide advice with respect to compliance and corporate governance matters and to conduct internal investigations regarding corporate misconduct involving potential major liabilities. He provides expert testimony in connection with such matters and has been asked by regulators to review matters of corporate and regulatory compliance.
Recently, Mr. Wiand has been appointed as receiver in SEC, FTC, CFTC and state securities enforcement actions. He is a frequent speaker to financial services and regulatory groups and serves as a contributing editor to the Securities Litigation Commentator. He is a member of the American Bar Association and the Legal & Compliance Division of SIFMA. He serves as a FINRA and NFA arbitrator and a mediator certified by the Supreme Court of Florida.
W. Reece Bader received his B.A. in 1963 from Williams College, and his J.D. in 1966 from Duke University of Law, where he was an Editor, Duke Law Journal. After a clerkship with Warren E. Burger on the United States Court of Appeals, D.C. Circuit, he joined Orrick, Herrington & Sutcliffe in 1968 and became a partner in January 1974.
Mr. Bader has concentrated his practice in the area of securities and futures litigation since 1970. He has extensive experience, involving substantial jury and non-jury trial work in broker-dealer litigation including securities, commodities and public finance. Mr. Bader handles appellate matters and has represented the Securities Industry Association as amicus curiae in broker-dealer litigation. He has acted as lead defense counsel in complex class actions involving initial public offerings and derivative suits, both on behalf of underwriters, companies and officers and directors.
Mr. Bader regularly represented broker-dealers and individuals in both SEC and SRO enforcement actions. These representations involved a wide variety of issues including insider trading, net capital rules, political contributions, just and equitable trade practices, failure to supervise, books and records, and practices affecting options, futures and Rule 144. As part of his practice he appears in arbitrations conducted by self-regulatory organizations. As a complement to this practice, he assists the firm’s Public Finance Department in litigation concerning municipal securities.
He is a former member of the National Arbitration and Mediation Committee of the NASDR, past Co-Chair of the Securities Litigation Committee, and past Co-Chair of the Alternative Dispute Resolution Committee of the ABA’s Litigation Section, a member of the Securities Dispute Resolution Committee of the Center for Public Resources and member of its Distinguished Neutrals Panel. With fifty years of experience in securities and futures litigation, Mr. Bader frequently writes and lectures on issues pertinent to securities litigation, arbitration, and mediation.
Burton W. Wiand received his B.A. in 1968 from the University of the South and his J.D. from the University of Georgia in 1971. He began his legal career in 1971 by spending almost 14 years with the SEC’s Division of Enforcement in Washington, D.C. He entered private practice in 1984. In 1989, he joined Fowler White Boggs Banker in Tampa and built a nationally recognized financial services and complex litigation practice. In 2009, along with other members of that practice, he formed Wiand Guerra King. With more than 40 years of practice, Burt Wiand has become known as a lawyer that businesses and individuals involved in business turn to when dealing with the most difficult of legal circumstances. In addition to handling hundreds of securities arbitrations, his practice includes white collar criminal defense, defense of regulatory matters involving governmental agencies and SROs, and complex litigation. A major portion of his practice over the years has involved representing individuals and companies in arbitrations in a variety of fora.
Mr. Wiand’s practice has involved defending senior officers of broker-dealers in SEC and FINRA proceedings, the defense and trial of a number of SEC enforcement proceedings, the defense of securities and other financial services class actions and derivative lawsuits, and the representation and defense of financial institutions in clients’ federal and state regulatory investigations and proceedings throughout the country. He has also handled hundreds of arbitration proceedings.
In addition to representing clients in defense litigation, regulatory and law enforcement actions, he is often called upon by his clients to provide advice with respect to compliance and corporate governance matters and to conduct internal investigations regarding corporate misconduct involving potential major liabilities. He provides expert testimony in connection with such matters and has been asked by regulators to review matters of corporate and regulatory compliance.
Recently, Mr. Wiand has been appointed as receiver in SEC, FTC, CFTC and state securities enforcement actions. He is a frequent speaker to financial services and regulatory groups and serves as a contributing editor to the Securities Litigation Commentator. He is a member of the American Bar Association and the Legal & Compliance Division of SIFMA. He serves as a FINRA and NFA arbitrator and a mediator certified by the Supreme Court of Florida.
PART I Securities Arbitration
Chapter 1 The Regulatory Framework of Securities Arbitration
Chapter 3 The Arbitration Agreement
Chapter 4 Determining Whether to Arbitrate or Litigate
Chapter 5 Compelling or Resisting Arbitration
Chapter 6 Commencing an Arbitration Proceeding
Chapter 8 The Conduct of the Hearing
Chapter 9 Remedies and Damages
Chapter 11 Enforcing or Appealing an Arbitration Award
Chapter 12 Mediation: An Alternative to Arbitration
Index
PART II Statutes, Pleadings, and Forms
Chapter 1 The Regulatory Framework of Securities Arbitration
1-A Federal Arbitration Act, 9 U.S.C. § 1-306 (2018)
1-B Revised Uniform Arbitration Act
Chapter 3 The Arbitration Agreement
3-A Arbitration Provision Excerpt from Clearing Agreement
3-B Arbitration Provision Excerpt from Form U-4
Chapter 5 Compelling or Resisting Arbitration
5-A Letter Demanding Arbitration and Requesting that Civil Action Be Withdrawn
5-B Defendant’s Motion to Compel Arbitration and Stay Action
Chapter 6 Commencing an Arbitration Proceeding
6-A FINRA Statement of Claim (Customer Case)
6-B FINRA Respondent’s Statement of Answer and Affirmative Defenses (Customer Case)
6-C FINRA Statement of Claim (Expungement)
6-D FINRA Counterclaim and Third Party Claim
6-E Letter to FINRA Requesting Consolidation of Claims
Chapter 7 Pre-Hearing Matters
7-A FINRA Response to Production of Documents Pursuant to FINRA Document Production List (Customer Complaint)
7-B FINRA Request for Production of Documents and Information
7-C FINRA Response to Request for Production of Documents and Information
7-D FINRA Motion to Compel Production
7-E FINRA Subpoena for Attendance at Arbitration Hearing (Rule 12512)
7-F FINRA Order Directing Appearance at Arbitration Hearing (Rule 12513)
7-G FINRA Motion to Dismiss Ineligible Claims (Rule 12206)
7-H FINRA Motion to Dismiss (Rule 12504(a))
7-I FINRA Witness and Exhibit List
7-J Confidentiality Agreement Concerning Discovery
7-K Settlement Agreement and Release
APPENDIX Rules and Forms: Internet Resources
Chapter 2 Jurisdiction
Arbitration and Mediation Forums
Chapter 3 The Arbitration Agreement
Sample Arbitration Clauses
Chapter 4 Determining Whether to Arbitrate or Litigate
Codes of Arbitration Procedure
Chapter 6 Commencing an Arbitration Proceeding
FINRA DR Portal User Guide for Arbitration and Mediation
FINRA Summary of Arbitration Fees
FINRA Claimant’s Arbitration Submission Agreement
FINRA Respondent’s Arbitration Submission Agreement
AAA Commercial Demand for Arbitration Form
JAMS Demand for Arbitration form
Chapter 7 Pre-Hearing Matters
FINRA Dispute Resolution Party’s Reference Guides
FINRA Discovery Guides
FINRA Uniform Forms Reference Guide
FINRA Arbitrator’s Guide
FINRA Prehearing/Hearing Scripts & Forms
Chapter 9 Remedies and Damages
FINRA Arbitrator’s Form Order on Request for Permanent Injunction
Chapter 10 The Award
FINRA Award Information Sheet
Chapter 12 Mediation: An Alternative to Arbitration
FINRA Code of Mediation Procedure
FINRA Mediation Submission Agreement
FINRA Mediation Filing Fees
AAA Mediation Services
JAMS Mediation Case Submission Form
JAMS Mediation Agreement