Earlier this week at Malecki Law, owner Jenice Malecki was quoted in a Financial Advisor IQ article, titled, “Settled at Your Peril? Past Arbitration Outcomes Factoring into Finra Sanctions.” The article discusses FINRA’s revised sanction guidelines in May 2018. The revision took an expansive approach to reviewing a broker’s past…
New York Securities Fraud Lawyers Blog
Retirement in an Ever-Changing Financial Market: Reg BI and KYC Implications
The alarming stock market decline on Monday, August 5, 2024, is a stark reminder of how important it is to plan for your future by educating yourself on the steps you can take to protect your assets, and how your financial advisor should be handling your account. Financial advisors must…
Is a “Chip-Wreck” on the Horizon?
Is another tech-based market crash impending? Are the “FANG” stocks in your best interest? Tech-based stocks have been facing volatility lately as artificial intelligence (AI) and chip related issues arise. For example, NVDA (Nvidia) dropped over 7% yesterday and META (META Platforms) dropped nearly 3.4%. As for 2024 to date,…
Malecki Law Obtains Second Favorable Industry Expungement Award In As Many Months
On July 29, 2024, a FINRA Arbitration Panel issued a favorable award to a former registered representative of a broker-dealer represented by Malecki Law, Malecki Law’s second favorable expungement award of the 2024 Summer. The securities industry has increasingly become a “one strike, you’re out” sector, but retaining experienced Expungement…
Malecki Law Founder, Jenice L. Malecki, to Speak at the Securities Experts Roundtable’s 2024 Annual Membership Meeting and Conference in Washington D.C.
On July 26 and July 27, the Securities Experts Roundtable is hosting its annual membership meeting and conference (the Conference) at the Sofitel Hotel & Resort in Washington D.C. At the conference, Malecki Law Founder, Jenice L. Malecki, along with Colleen Diles of Diles Consulting and Gordon Yale of Yale…
Supreme Court Strips Securities and Exchange Commission of Its “Home-Field” Advantage
In a major blow to the Securities and Exchange Commission (SEC), the Supreme Court ruled in SEC v. Jarkesy that defendants against whom the SEC seeks civil penalties for securities fraud are entitled to jury trials under the Seventh Amendment, rather than adjudication through the SEC’s “in-house” administrative law judges.…
Defamatory Form U5 Language Deters Investment Firms from Hiring Registered Representatives – Malecki Law Obtained a Favorable Award
The securities industry has become known for its “one strike and you’re out” mentality around Form U4 and U5 “marks” resulting from termination and customer complaints. FINRA Rule 4111 makes firms report employee U4/U5 “mark” statistics firmwide and formerly “explainable” situations are now acting like bars to employment in the…
Recognizing World Elder Abuse Awareness Day: Why You Should Stay Vigilant Regarding Trustees and Power of Attorneys
June 15 is recognized as World Elder Abuse Awareness Day. It was initiated by The International Network for the Prevention of Elder Abuse and is recognized by the United Nations. Elder abuse is defined as any act or neglect where there is an expectation of trust, which causes harm to…
“Roaring Kitty” Brought Back to Life: How the “Meme Stock” Leader Continues to Make Headlines Following E*Trade’s Apparent Freeze
What might have been a coincidental system glitch of an apparent freeze of E*Trade’s trading platform on May 13, 2024 following Keith Gill’s reappearance on social media, may have been intentional. Read more about the May 13 event, here. The Wall Street Journal reported on June 3, 2024, about internal…
After Nearly 4 Years of Regulation Best Interest, Broker-Dealer Efforts to Consider Reasonably Available Alternatives for their Retail Clients Remain Lacking
Regulation Best Interest (Reg BI), which was instituted in June 2020, dramatically changed the relationship between broker-dealers and retail investors. Prior to Reg BI, broker-dealers owed a duty to investors to only recommend securities that the broker-dealer believed to be “suitable” for a particular investor based on such investor’s investment…