The Regulatory Framework of Securities Arbitration - Chapter 1 - Securities Arbitration: Practice and Forms - Second Edition

W. Reece Bader
Burton W. Wiand
Page Count: 
60 pages
Media Description: 
1 PDF Download
November, 2015
Author Detail: 

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 & Suteliffe 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 represents broker-dealers and individuals in both SEC and SRO enforcement actions. These representations have 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. 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. 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 35 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. His practice includes white collar criminal defense, defense of regulatory matters involving governmental agencies and self regulatory organizations as well as complex litigation matters that threaten the business and reputation of his clients.

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 institution clients in 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 enforcement actions, FTC cases and in similar capacities at the request of state regulators. He is a frequent speaker to financial services and regulatory groups, including the North American Securities Administrators Association's Annual Conference. He provides CLE both directly and through industry and bar groups. He also serves as a contributing editor to the Securities Litigation Commentator. He is a member of the American Bar Association, the Legal & Compliance Division of SIFMA. He serves as a FINRA and NFA arbitrator. In 2014, he formed WDK-ADR as an adjunct mediation practice at his law firm and invited co-author W. Reece Bader and Donald Cox to become principals of the dispute resolution business with him. He is a mediator certified by the Supreme Court of Florida.