Business Memo: Defending Against Allegations of Unsuitability — Part II: The...
The most frequent allegation brought against broker-dealers and RRs is that of “unsuitability” of recommendations. We discussed avoiding unsuitable recommendations in our July 2003, February 2004 and...
View ArticleYou Should Exchange Your Briefs
Your pre-mediation briefs, that is. It is generally agreed among lawyers that some amount of information must be possessed by both disputing parties to a mediation, if the mediation is to result in...
View ArticleQuick! . . . Mediate That Business Divorce!
One of the officers of a corporate client calls. You note the distress in his voice immediately. He tells you that a dispute has arisen between the major shareholder factions of the company, and he...
View ArticleWhither the Joint Session
Recently I represented a client in a mediation at which the mediator – from New York – told me that he would not hold a “joint session” (i.e., a discussion in which all the parties or their...
View ArticleSometimes It’s Good to Have the DTs (That Is, Decision-Tree Analyses)
In my Med-Arb Memo of August 2010, I pointed out that a formal mediation session actually should be considered as just one part of a possible multi-part process. I just read an interesting article...
View ArticleBusiness Memo: Defending Against Allegations of Unsuitability – Part I
As pointed out in our July, 2003 issue, far and away the most frequent allegation brought against broker-dealers and RRs is alleged “unsuitability” of recommendations by RRs. As also pointed out in...
View ArticleHoly Moses, Batman! They’ve Stolen Our Private Placement Exemptions!
The Basic Requirements: Early History Any sale of a security to a Missouri resident must either be registered with the U.S. Securities and Exchange Commission (“SEC”) and the Missouri Securities...
View ArticleSelling Away: You and Your RR Can Both Be Honest and Still Be Liable to...
“Selling away”, as you know, occurs when an RR invests his client’s money without doing so at or through the brokerage firm at which he is employed. Although it occurs in all types of brokerage...
View ArticleBusiness Memo: Are You A Fiduciary? Why Do You Care?
A lawn care service company sells products and provides services. Registered representatives (“RRs”) and broker-dealers (“B-Ds”) also provide services and sell products (securities, etc.) to their...
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