Broker/Dealer Forum on

Resolving Customer Claims

Best Defenses and Advocacy Tactics in Arbitrations and Mediation

Wednesday, May 24, 2006

About

"The system is run by the industry and for the industry, and it is unfair."* Statements like this from state officials about broker-dealers reveal that no matter what steps SROs take to combat misconduct, the deck remains stacked against respondents in customer claims. In reality, investors and the plaintiff's bar have had a tremendous impact on the rules and regulations regarding the arbitration process. For example, the most recent discovery rules (NASD 99-90), the proposed "explained decision" rule, and the NYSE stance on not accepting motions to dismiss all clearly swing the pendulum in favor of claimants and pose complex challenges for respondents.

ACI's Resolving Customer Claims publication will give you key information you need to overcome those challenges, with a focus on strategic lines of defense and cutting edge techniques for quickly resolving customer claims.

Contents & Contributors

About

"The system is run by the industry and for the industry, and it is unfair."* Statements like this from state officials about broker-dealers reveal that no matter what steps SROs take to combat misconduct, the deck remains stacked against respondents in customer claims. In reality, investors and the plaintiff's bar have had a tremendous impact on the rules and regulations regarding the arbitration process. For example, the most recent discovery rules (NASD 99-90), the proposed "explained decision" rule, and the NYSE stance on not accepting motions to dismiss all clearly swing the pendulum in favor of claimants and pose complex challenges for respondents.

ACI's Resolving Customer Claims publication will give you key information you need to overcome those challenges, with a focus on strategic lines of defense and cutting edge techniques for quickly resolving customer claims.

Contents & Contributors


BROKER DEALER FORM
Stephen G. Sneeringer, A.G. Edwards & Sons, Inc.

SECURITIES ARBITRATION VIS A VIS SECURITIES LITIGATION: TO BE OR NOT TO BE
Jonathan C. Uretsky, Phillipson & Uretsky, LLP

ARBITRATOR BY AGREEMENT
Theodore G. Eppenstein, Eppenstein & Eppenstein
Madelaine Eppenstein, Eppenstein & Eppenstein

MOTIONS TO DISMISS: WHEN, WHERE AND HOW TO ENSURE FRIVOLOUS CLAIMS ARE THROWN OUT
Wendy Robinson, Morgan Stanley

DOING BATTLE WITH DOCUMENT REQUESTS: HOW TO STEER CLEAR OF SANCTIONS AND ESTABLISH A STRONG DEFENSE
Richard Roth, The Roth Law Firm, PLLC

KEY THIRD-PARTY DISCOVERY ISSUES IN ARBITRATION
Stephen P. Younger, Patterson Belknap Webb & Tyler LLP

SELECTING ARBITRATORS: INSIGHTS FROM THE INSIDE
Robert S. Clemente

ARBITRATION LITIGATION AND GOVERNMENT INVESTIGATIONS: PREVENTING CLAIM CARRYOVER
Rodney Acker, Jenkens & Gilchrist, PC
Brian Amery, Bressler, Amery & Ross, PC
Michael Bachner, Bachner & Herskovitz, PC

USING THIRD-PARTY DISCOVERY OF CLAIMANT'S INVESTMENT PRACTICES OUTSIDE OF THE SECURITIES INDUSTRY TO DEFEND AGAINST CUSTOMER CLAIMS OF UNSUITABILITY
Michael B. Roche, Schuyler Roche & Zwirner, PC

VARIABLE ANNUITIES: AN OVERVIEW OF THE REGULATORY LANDSCAPE AND EXAMINATION OF RECENT LITIGATION
Pete S. Michaels, Michaels & Ward LLP
Derek C. Anderson, Michaels & Ward LLP



DOCUMENT TYPES: PRESENTATIONS AVAILABLE: 0