FINRA Arbitration Statistics – February 2011

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 […]

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

Also available at 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 […]
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Securities Arbitration In the News – Could Arbitration Help You Recover Investment Losses?

Published on September 23rd, 2009no 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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Securities Arbitration Claims Rise by 65% from 2008

Published on September 21st, 2009no shouts

Helen Kearney, of recently reported that as of August 2009, more arbitration claims had been filed than in all of 2009. Although there was a slight downturn in the number of claims filed in August, it is unclear whether this trend will continue.

In large part, the number of claims will likely depend on what happens in the markets over the next few months. In addition, there are different types of investments that have been the subject of significant arbitration claims, including auction rate securities and other cash-equivalent funds. Some of these investments have also been the subject of regulatory investigations and settlements. The outcome of those pending investigations could impact the number of cases filed during the remainder of the year.

If you have concerns about the manner in which your investments have been managed, or if you are worried that an investment you own may not be what you thought you had invested your money in, you should contact an attorney to discuss your rights. The Kueser Law Firm represents individuals in securities arbitration. Feel free to contact us if you would like more information.

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Recent Notable Securities Arbitration Filings

Published on August 21st, 2009no 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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FINRA Dispute Resolution Estimates 56% Increase in Arbitration Claims in 2009

Published on July 30th, 2009no shouts

According to the Financial Industry Regulatory Authority (FINRA), securities arbitration claims are on the rise in 2009. In fact, according to FINRA’s June Summary Arbitration Statistics, the self-regulatory organization anticipates that 56% more cases will be filed during the year, as compared to 2008 and that during the first six months of 2009, 82% more cases had been filed as during the same period in the previous year. During this same period, FINRA reports that fewer cases are going to mediation.

FINRA also reports that cases are being turned around in a shorter amount of time in 2009 as compared to 2008 and 2007. As of June 2009, the average overall turnaround time for claims filed in FINRA arbitration is 11.9 months (13.5 in 2007 and 13.2 in 2008). The turnaround time for cases that go to hearing is 14.7 months.

The most prevalent claims in securities arbitration claims are: (1) breach of fiduciary duty (4,432 claims); (2) Misrepresentation (3,530 claims); and (3) Negligence (3,404 claims). The most common securities at issue in arbitration claims are mutual funds (892 claims) and common stock (689 claims).

The results of securities arbitration claims have also been more favorable for investors/claimants than in 2008. However, Claimants still prevail in fewer than 50% of all arbitration claims decided by an arbitration panel. During the first six months of 2009, 138 of 298, or 46% of Claimant cases closed resulted in an award of damages to the investor. In addition, 50% of arbitration cases closed during the first six months of 2009 were settled by the parties (45% by direct settlement and 5% through mediation).

The Kueser Law Firm represents investors in securities arbitration. If you feel that your investments have been mismanaged, please contact our firm to discuss your rights.


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

Published on June 12th, 2009no shouts

In a recent article published on, 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.



Welcome to the Securities Arbitration Blawg

Published on May 27th, 2009no shouts

The Securities Arbitration Blawg will contain information and commentary related to securities arbitration and, to a lesser extent, securities litigation.  I am currently developing this blog, as well as the Investment Fraud Blawg, the Stockbroker Fraud Blawg, the Securities Fraud Blawg, and the Consumer Fraud Blawg.  Please bear with me while I finish a few administrative matters.  I expect to have these blawgs officially up and running within the next few days.

Until then, feel free to visit The Kueser Law Firm’s website or follow me on Twitter.