Archive for the ‘Stockbroker and Financial Adviser Misconduct’ Category:

FINRA Arbitration Statistics – February 2011

Written on March 27th, 2011 by Jason M. Kueserno shouts

FINRA recently reported its February 2011 arbitration statistics. For the two-month period ended February 28, 2011, 837 claims were filed. This represents a decrease of 9% as compared to the number of cases filed in February 2010 (918).


The number of securities arbitration cases that closed during the first two months of 2011 increased by 16% (957 compared to 828 as of February 28, 2010). However, the average turnaround time for cases that go to an arbitration hearing also increased to 14 months from 11.8 months (16%). Approximately 19% of closed arbitration cases were decided by arbitrators, while 81% were settled (through negotiation or mediation), withdrawn, or closed for other reasons.


The most frequent securities and investment related claims involved in arbitration continue to be breach of fiduciary duty, misrepresentation (fraud), negligence, breach of contract, and suitability. Mutual funds and common stock also remain the most common type of securities involved in arbitration claims.


Investors have also prevailed in a larger percentage of cases decided (by arbitration hearing or on papers submitted by the parties). For the two-month period ended February 28, 2011, 91 cases had been decided and investors prevailed in 46 (51%) of those cases. This is good news for investors as it shows a continued trend in securities arbitration awards being issued in favor of investors. It is also the first time in recent years where the percentage of arbitration claims resolved in favor of investors exceeds 50%. This percentage also does not include cases that settled in favor of the investor, which FINRA notes to be approximately 76% in 2010.


The Kueser Law Firm represents investors in securities arbitration. If you feel that your investments have been mismanaged, please contact a securities fraud attorney to discuss your rights. If you would like to contact The Kueser Law Firm, please visit e-mail or call the firm at (816) 374-5865 to discuss your rights.

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Video: What are the typical causes of action in securities law cases?

Written on March 27th, 2011 by Jason M. Kueserno shouts


Also available at KansasCityLaw.tv
In this video, Jason M. Kueser discusses typical causes of action in securities cases. These typical actions are: (1) fraud, (2) securities fraud, (3) breach of fiduciary duty, (4) breach of contract, (5) violation of state securities laws, (6) violation of federal securities laws, and (7) negligence.

This video is provided for informational purposes only and nothing contained herein is or should be constituted as legal advice. If you have questions related to any legal topic, you should consult with an attorney and should not rely solely upon information provided via the internet.
The choice of an attorney is an important one and should not be based solely upon advertisements such as this website. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits. *Any information submitted via this website may not be secure and/or confidential. Merely contacting this firm does not establish an attorney-client relationship.

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Video: How do attorneys decide which securities fraud cases to pursue?

Written on March 26th, 2011 by Jason M. Kueserno shouts

How do attorneys decide which securities fraud cases to pursue?

Also available at KansasCityLaw.tv
In this video, Jason M. Kueser discusses factors that securities fraud attorneys often evaluate in determining which cases to pursue. This often includes a number of factors, including (1) individual aspects of the customer and the customer’s situation; (2) the amount of investment loss suffered by the investor; (3) the type or types of investments involved; and (4) whether the stockbroker, adviser, or brokerage firm has previously regulatory issues. There are other factors that are involved, as well.

If you feel you have been the victim of investment fraud or securities fraud, please contact an attorney. If you would like to speak with The Kueser Law Firm, please call the firm at (816) 374-5865 or send us an href=”mailto:jason@jmkesquire.com&subject=Contact from Kueser Law Firm blog”>e-mail.


This video is provided for informational purposes only and nothing contained herein is or should be constituted as legal advice. If you have questions related to any legal topic, you should consult with an attorney and should not rely solely upon information provided via the internet.
The choice of an attorney is an important one and should not be based solely upon advertisements such as this website. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits. *Any information submitted via this website may not be secure and/or confidential. Merely contacting this firm does not establish an attorney-client relationship.

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Securities Arbitration In the News – Could Arbitration Help You Recover Investment Losses?

Written on September 23rd, 2009 by Jason M. Kueserno shouts

US News & World Report published an article today written by Rob Silverblatt. The article was entitled “Could Arbitration Help You Recover Investment Losses.” The author interviewed several attorneys who practice in the area (unfortunately, the author of this blog was not one of them) and discussed patterns and trends in securities arbitration filings. The article also noted the fact that concerns related to the arbitration process have caused politicians to push the Arbitration Fairness Act (AFA) through Congress. The AFA would nullify mandatory arbitration provisions in contracts between investment firms (as well as other companies) and their customers.

The timing of this article is hardly coincidental. Over the past few years, consumers and investors have fallen victim to a scourge of Wall Street initiated hardship. Unlike the dotcom collapse that occurred earlier in the decade, losses have occurred across the board, including investments marketed as “conservative” or “cash equivalents.” From auction rate securities, collateralized mortgage obligations, and unprecedented losses in bond funds, investors have had few places to turn. In addition, as the stock market plunged from late 2007 to early 2009, investors who were in stocks suffered substantial losses. Those who were sold inverse and leveraged ETFs lost even more.

The Kueser Law Firm represents investors in securities arbitration. If you are concerned that your investments have been mismanaged, contact us to learn more about your rights.

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Recent Notable Securities Arbitration Filings

Written on August 21st, 2009 by Jason M. Kueserno shouts

InvestmentNews recently pubished two articles discussing recently filed securities disputes.

First, on August 19, Jeff Benjamin and Sue Asci reported that NBA star Carmelo Anthony filed a lawsuit in federal court against California adviser Larry W. Hamilton. The claim alleges that the adviser transferred $1.75 million of Mr. Anthony’s assets and invested an additional $265,000 with other companies without consent. The complaint seeks an accounting of the adviser’s books and records, $2 million in compensatory damages, and punitive damages. Mr. Anthony is represented by Robert Hirsch of Beverly Hills, California.

On August 20, Sara Hansard reported that a Freeport, Bahamas couple had filed a securities arbitration claim against Merrill Lynch. According to the article, the claim alleges that Merrill Lynch invested the couple’s money in unsuitable preferred stocks issued by financial companies.

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What Guidance Will SCOTUS Give on the Statute of Limitations in Securities Cases?

Written on June 12th, 2009 by Jason M. Kueserno shouts

In a recent article published on Law.com, Sarah S. Gold and Richard L. Spinogatti conduct a thorough analysis of the issues in In re Merck & Co. Secs. Deriv. & ERISA Litig.., a Third Circuit Court of Appeals case. The Supreme Court granted certiorari in In re Merck to resolve when an investor is on inquiry notice of a potential fraud claim for purposes of determining when the statute of limitaions begins to run..

The authors note that in In re Merck, the Third Circuit held that “an investor is not on inquiry notice of a potential fraud claim until the investor has knowledge of a possible fraud, including scienter.” The authors also note that the Ninth Circuit recently came to a similar conclusion in Betz v. Trainer Wortham & Co., for which a certiorari petition is currently pending.

The article is a good read for anyone interested in securities fraud litigation.

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