The attorneys in Berman DeValerio's Securities Arbitration Practice represent investors who sustain losses due to the improper dealings of stockbrokers and brokerage firms. Such disputes are typically subject to arbitration provisions in client account agreements and cannot be filed in court.
Arbitration is a formal dispute resolution process in which the investor filing and the broker defending the claim select neutral "arbitrators" to hear the parties' arguments, review evidence and render a decision. Arbitrations generally have their own procedural rules, which can vary dramatically from court rules. For example, the parties in arbitration are restricted in their ability to discover evidence, and the grounds for appeal are very limited. Further, arbitrators do not always stringently follow the rules of evidence. Arbitration does, however, afford parties a greater measure of privacy, as the proceedings are not open to the public. The largest forum to help investors resolve disputes with their stockbrokers is operated by the Financial Industry Regulatory Authority, or FINRA.
Attorneys at Berman DeValerio have experience representing parties in customer matters before FINRA, including in the following areas:
- Breach of Fiduciary Duty
- Excessive Trading or "Churning"
- Failure to Supervise
- Hedge Funds
- Misrepresentations & Omissions
- Over-Concentration / Failure to Diversify
- Oil & Gas LPs
- Ponzi Schemes
- Private Placements
- Real Estate Investment Trusts (or REITs)
- Selling Away
- Structured Products
- Tenants-In-Common 1031 Exchange (or TICs)
- Unauthorized Trading
- Unregistered Sales
These claims often involve fraud, violations of state and federal securities laws, or conduct that runs contrary to industry standards.