Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: December 13, 2022
The Firm
201-896-4100 info@sh-law.comUnder FINRA Rule 2080, broker-dealer firms, offices, and professionals in the securities industry can request customer disputes be expunged from FINRA’s public records. When reputation is so important to client trust and retention, expungement is a no-brainer. But FINRA has high standards of review and a limited appeals process to challenge decisions – you must make sure to take the right steps when approaching this process. This is especially true if you’re currently in the middle of an unresolved arbitration. Otherwise, your request for expungement could be denied, leaving the dispute on your firm’s record. So, what findings are required for FINRA expungement?
The SEC recently proposed new rule changes to the expungement process. An experienced securities lawyer can help you navigate this ever-changing arena of regulations.
FINRA’s expungement process is meant to balance three separate industry interests:
As a result, the agency considers expungement an extraordinary remedy to be allowed only if the expunged records hold no significant value for regulators or investors.
FINRA Rule 12805 details the process for filing a successful request for expungement of customer dispute information. This includes a recorded hearing session, a review of relevant settlement documents, and regulatory grounds for why expungement should be granted.
There are four reasons expungement may be granted under FINRA Rule 2080:
FINRA sets out different procedures for handling expungement based on whether the expungement orders are granted through an arbitration panel, an outside court, or a settlement reached either in or outside the arbitration process. For example:
An experienced FINRA litigation attorney will know how to properly handle these matters and set you up for the best possible chance at a successful resolution.
When filing an expungement request, you must keep FINRA’s industry interests in mind. Regulators are concerned with having accurate and relevant information on record. A good securities lawyer should be able to anticipate, address, and disarm any concerns that regulators may have about the possibility of your expungement threatening any of these interests.
What findings are required for FINRA expungement? FINRA expungement rules are strict and the process is thorough. Between 2015 and 2020, the agency only expunged 4% of all customer disputes entered into the Central Registration Depository (CRD). You want to do everything you can to fall into that 4%. Because expungement is granted in only a narrow band of cases, you must be able to present convincing evidence that shows you qualify for this type of relief. At Scarinci Hollenbeck, we can help. Click here to contact us now and discuss your options for FINRA expungement.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]
Author: Dan Brecher
Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]
Author: Dan Brecher
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
Author: Dan Brecher
Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Author: Angela A. Turiano
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!