Mutual Release and Settlement Agreement - Appendix 7C - Securities Arbitration: Practice and Forms
W. Reece Bader is a Partner in the Frankfurt office of Orrick and is a member of the Securities Litigation/Regulatory Group. Prior to moving to the Frankfurt office in 2008, Mr. Bader was located in the firm's Paris, Washington, D.C, Silicon Valley, New York and San Francisco offices. He has concentrated his practice in the area of securities and futures litigation since 1970. He has extensive experience, including substantial jury and non-jury trial work in broker-dealer litigation including securities, commodities and public finance. He also 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. He also regularly represents broker-dealers and individuals in both SEC and SRO enforcement actions. Mr. Bader has argued cases before the D.C., Second, Third, Ninth and Federal Circuits. He serves as an arbitrator for FINRA, NYSE and NFA, and the Center for Public Resources (Distinguished Neutrals Panel). 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. Mr. Bader is a frequent lecturer and panelist for such organizations as the Practising Law Institute, ALI/ABA, FINRA and the Securities Industry and Financial Markets Association.
Originally from Securities Arbitration: Practice and Forms
Mutual Release and Settlement Agreement
This MUTUAL RELEASE AND SETTLEMENT AGREEMENT (“Agreement”) is entered into by ______ (“Claimant”), on the one hand, and ______ (“Broker-Dealer”) and ______ (“Broker”), on the other hand, with reference to the following facts:
On or about ______, a Statement of Claim was filed before the FINRA Dispute Resolution styled “______ v. ______,” Case No. ______, (“the Action”).
[Broker-Dealer] and [Broker] dispute the above claims of Claimant as contained in the Statement of Claim filed in the above action.
The parties now desire to settle, compromise, and resolve all of the differences, disagreements, and disputes which exist or may exist between [Broker-Dealer] and [Broker], on the one hand, and Claimant, on the other hand, arising out of the subject matter of the Action.
1. Dismissal with Prejudice.
It is further understood and agreed that Claimant, his heirs and assigns forever, agree and covenant to cause their representative to execute and have filed a Notice of Dismissal, with prejudice, of [Broker-Dealer] and [Broker] arising out of or pertaining to the subject matter of the Action.
2. Settlement Amount.
[Broker-Dealer] shall pay the sum of $[______] to Claimant on or before [date], by [check, wire transfer, etc.] payable to [Claimant and/or his attorney].