Securities Arbitration

Securities Arbitration is an alternative to litigation or mediation in order to resolve a dispute between investors and their brokers or brokerage firms. Mathews Giberson LLP regularly represents individuals or businesses in securities arbitrations throughout the United States. Mathews Giberson LLP has recovered millions of dollars on behalf of aggrieved investors.

Investor disputes are typically resolved by initiating a claim with the Financial Industry Regulatory Authority (FINRA), the largest independent securities regulator in the United States. A FINRA Arbitration is commenced by filing a Statement of Claim. Then, an Arbitration panel is selected by the parties. Depending on the size of the claim, one or three arbitrators will be appointed to the panel. The arbitrators read the pleadings filed by the parties, listen to the arguments, study the documentary and/or testimonial evidence, and render a decision. The panel’s decision, called an “award,” is final and binding on all the parties. All parties must abide by the award, unless it is successfully challenged in court within the statutory time period. Arbitration is generally confidential, and documents submitted in arbitration are not publicly-available, unlike court-related filings. However, if an award is issued at the conclusion of the case, FINRA posts it in its Arbitration Awards Online Database, which is publicly available.

In most instances we handle arbitration matters on a contingency fee basis. If no money is recovered from your claim, then you will not owe the Firm any money for attorney’s fees. We’re only interested in pursuing claims that are meritorious and those most likely to result in a substantial recovery.

Typical Arbitration Claims

Some of the more common securities liability issues include: unauthorized trading activity, the recommendation of unsuitable investments, over-concentration of certain positions in an account, excessive trading or churning, annuity switching, failure to execute trades, excessive or unsuitable use of margin, selling away, theft from an account, negligent retirement advice, misrepresentation or omission of material fact, improper recommendation of variable annuities, forged documents, options fraud, Ponzi schemes, unsuitable welfare benefit plans, abuse of a vulnerable adult, or negligent investment strategy. Beginning in 2013, we noticed that investors were experiencing substantial losses as a result of improper investments in Puerto Rico Closed End Bond Funds.

Please contact us at 954-463-1929 to discuss your particular needs. We look forward to hearing from you.