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Recent Posts in Litigation Category

Schwab Loses Lawsuit; FINRA Enforcement Action to Proceed

Last week, a federal judge for the Northern District of California tossed a lawsuit filed by Charles Schwab against FINRA in a dispute over new language added to Schwab's customer account ...
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Risk and REITs

Check out John Wasik's article over at Forbes.com on REIT investments. He provides a great list of caveats to consider before investing. The article can be found here . A general overview of this ...
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Class Action Clearinghouse: Class Action Filings Increase Slightly In 2011.

The Stanford Securities Class Action Clearinghouse released its year end review this week, reporting that securities filings were slightly up in 2011. According to the report, a total of 188 federal ...
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Proposed FINRA Rule Change Seeks to Expressly Preclude Certain Collective Actions

FINRA recently filed a proposed rule change with the SEC, proposing to amend Rule 13204 of its Industry Arbitration Code. Rule 13204, which precludes class action claims from being arbitrated before ...
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WSJ: The Risks of TIC Real Estate Investments.

The Wall Street Journal online has an interesting article this week on securities often called tenancies-in-common, or "TICs," TICs are fractional-ownership type investments where several ...
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YieldPlus Fund Fallout Continues

Another settlement has come out of the fracas surrounding the 2007-2008 collapse of the Charles Schwab YieldPlus Fund. Under the terms of the most recent settlement, Randall Merc, a former president ...
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On the U.S. Supreme Court Docket: Tolling Possible Under SEA § 16(b)?

The 2011-2012 Supreme Court term is poised to consider several interesting topics: Without a warrant, can police track a suspect by sticking a GPS on his vehicle? Is an FCC rule on "fleeting ...
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Historic Ruling From Second Circuit: FINRA Cannot Sue to Collect Fines

On October 5, 2011, the Second Circuit issued an enormous decision regarding FINRA's enforcement powers over its member persons and entities. In the case of Fiero v . Financial Industry Regulatory ...
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Second Circuit Rules on Contested FINRA Jurisdiction Issue

On September 22 nd , 2011, the Second Circuit handed down its decision in UBS Financial Services Inc. v. West Virginia University Hospitals Inc., Docket No. 11-235-cv (Sept. 22, 2011) and, in so ...
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