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FINRA Securities Arbitration Statistics – February 2011

Jason M. Kueser — Sun, 27 Mar 2011 14:02:21 +0000

FINRA recently reported its February 2011 arbitration statistics. For the two-month period ended February 28, 2011, 837 claims were filed. This represents a decrease of 9% as compared to the number of cases filed in February 2010 (918).

The number of securities arbitration cases that closed during the first two months of 2011 increased by 16% (957 compared to 828 as of February 28, 2010). However, the average turnaround time for cases that go to an arbitration hearing also increased to 14 months from 11.8 months (16%). Approximately 19% of closed arbitration cases were decided by arbitrators, while 81% were settled (through negotiation or mediation), withdrawn, or closed for other reasons.

The most frequent securities and investment related claims involved in arbitration continue to be breach of fiduciary duty, misrepresentation (fraud), negligence, breach of contract, and suitability. Mutual funds and common stock also remain the most common type of securities involved in arbitration claims.

Investors have also prevailed in a larger percentage of cases decided (by arbitration hearing or on papers submitted by the parties). For the two-month period ended February 28, 2011, 91 cases had been decided and investors prevailed in 46 (51%) of those cases. This is good news for investors as it shows a continued trend in securities arbitration awards being issued in favor of investors. It is also the first time in recent years where the percentage of arbitration claims resolved in favor of investors exceeds 50%. This percentage also does not include cases that settled in favor of the investor, which FINRA notes to be approximately 76% in 2010.

The Kueser Law Firm represents investors in securities arbitration. If you feel that your investments have been mismanaged, please contact a securities fraud attorney to discuss your rights. If you would like to contact The Kueser Law Firm, please visit e-mail or call the firm at (816) 374-5865 to discuss your rights.

This was originally posted on the Securities Arbitration Blawg.

Video: How do attorneys decide which securities fraud cases to pursue?

Jason M. Kueser — Fri, 25 Mar 2011 12:17:51 +0000

How do attorneys decide which securities fraud cases to pursue?

Also available at KansasCityLaw.tv
In this video, Jason M. Kueser discusses factors that securities fraud attorneys often evaluate in determining which cases to pursue. This often includes a number of factors, including (1) individual aspects of the customer and the customer’s situation; (2) the amount of investment loss suffered by the investor; (3) the type or types of investments involved; and (4) whether the stockbroker, adviser, or brokerage firm has previously regulatory issues. There are other factors that are involved, as well.

If you feel you have been the victim of investment fraud or securities fraud, please contact an attorney. If you would like to speak with The Kueser Law Firm, please call the firm at (816) 374-5865 or send us an href=”mailto:jason@jmkesquire.com&subject=Contact from Kueser Law Firm blog”>e-mail.

This video is provided for informational purposes only and nothing contained herein is or should be constituted as legal advice. If you have questions related to any legal topic, you should consult with an attorney and should not rely solely upon information provided via the internet.
The choice of an attorney is an important one and should not be based solely upon advertisements such as this website. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits. *Any information submitted via this website may not be secure and/or confidential. Merely contacting this firm does not establish an attorney-client relationship.

Video: How can investors review the background of a stockbroker or investment adviser?

Jason M. Kueser — Tue, 15 Mar 2011 13:14:03 +0000

How can investors review the background of a stockbroker or investment adviser?

Also available at KansasCityLaw.tv
In this video, Jason M. Kueser discusses how investors can research the background of stockbrokers, financial advisors, and Registered Investment Advisers (RIAs). Background information related to stockbrokers and financial advisors can be obtained using FINRA’s BrokerCheck tool. Background and other information related to Registered Investment Advisers (RIAs) can be found on the Investment Adviser Public Disclosure website. In addition to these sites, there are various third-party sites/services that provide information related to stockbrokers, financial advisors, and investment advisers.

This video is provided for informational purposes only and nothing contained herein is or should be constituted as legal advice. If you have questions related to any legal topic, you should consult with an attorney and should not rely solely upon information provided via the internet.
The choice of an attorney is an important one and should not be based solely upon advertisements such as this website. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits. *Any information submitted via this website may not be secure and/or confidential. Merely contacting this firm does not establish an attorney-client relationship.

Video: Does a defrauded consumer have a right to file a lawsuit?

Jason M. Kueser — Wed, 09 Mar 2011 12:12:07 +0000

Also available at KansasCityLaw.tv
In this video, Jason M. Kueser discusses whether a defrauded consumer has the right to file a lawsuit. There are a variety of different types of consumer fraud actions. This video is provided for informational purposes only and nothing contained herein is or should be constituted as legal advice. If you have questions related to any legal topic, you should consult with an attorney and should not rely solely upon information provided via the internet. All content provided on this blog are subject to the Disclaimer at the bottom of the page.

Video: What are the typical causes of action in securities law cases?

Jason M. Kueser — Tue, 08 Mar 2011 22:41:34 +0000

Also available at KansasCityLaw.tv
In this video, Jason M. Kueser discusses typical causes of action in securities cases. These typical actions are: (1) fraud, (2) securities fraud, (3) breach of fiduciary duty, (4) breach of contract, (5) violation of state securities laws, (6) violation of federal securities laws, and (7) negligence.

This video is provided for informational purposes only and nothing contained herein is or should be constituted as legal advice. If you have questions related to any legal topic, you should consult with an attorney and should not rely solely upon information provided via the internet.
The choice of an attorney is an important one and should not be based solely upon advertisements such as this website. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits. *Any information submitted via this website may not be secure and/or confidential. Merely contacting this firm does not establish an attorney-client relationship.

Video: What is Investment Fraud?

Jason M. Kueser — Mon, 07 Mar 2011 22:12:31 +0000

Also available at KansasCityLaw.tv

This video is provided for informational purposes only and nothing contained herein is or should be constituted as legal advice. If you have questions related to any legal topic, you should consult with an attorney and should not rely solely upon information provided via the internet. All content provided on this blog are subject to the Disclaimer at the bottom of the page.

Video: What is securities fraud?

Jason M. Kueser — Sun, 06 Mar 2011 15:44:37 +0000

Also available at KansasCityLaw.tv

FINRA Arbitration Statistics – December 2010

Jason M. Kueser — Tue, 01 Feb 2011 23:30:21 +0000

The Financial Industry Regulatory Authority (FINRA) recently released its arbitration statistics for the month/year ended December 2010.

For the year, there were 20% fewer cases filed (5,680 v. 7,137 in 2009) and there were 6,241 cases closed (a 37% increase over 2009). Of these cases, 22% were resolved by arbitration hearing, 52% were resolved by direct settlement between the parties, 10% were resolved through mediation, and 16% of cases were either withdrawn or resolved through “other” method.

Results for investors also improved in 2010, as 47% cases that were decided by an arbitration panel resulted in an award of damages to the customer. This reflects a 2% increase over the results in 2009, and a 10% increase compared to arbitration claims decided by arbitration panels in 2007 — the worst year, for investors, in arbitration claims over the past six years.

The overall turnaround time for cases closed during the year also increased to 12.7 months (from 11.5 months in 2009). For cases that are resolved after an arbitration hearing, the turnaround time increased to 15 months (from 14 months in 2009).

The most common claims in arbitration were: (1) Breach of Fiduciary Duty; (2) Negligence; (3) Fraud/Misrepresentation; (4) Failure to Supervise; and, (5) Breach of Contract. The most common type of securities involved in arbitration claims were mutual funds and common stocks.

The Kueser Law Firm represents investors in securities arbitration. If you feel that your investments have been mismanaged, please contact the firm to discuss your rights.

Updated February 1, 2011 at 6:45 PM (CST).

Finding Time to Blog as a Solo Practitioner

Jason M. Kueser — Fri, 13 Aug 2010 18:11:33 +0000

Generally, I have tried to focus this blog on issues related to investment/securities fraud, securities arbitration, and/or consumer fraud. However, over the past several months, I have found that there has recently been so much of this activity that I have been too busy talking to securities and consumer fraud victims and have not had enough time to actually blog about it.

As a solo practitioner, one of the most difficult things to do is find enough time for everything in and outside of my practice. Unfortunately, blogging is one of the things that is easiest to “put off.” Although services like Twitter, Delicious, LinkedIn, etc. provide me (and other practitioners) with options to communicate other than blogging, they have their shortcomings. These services offer the convenience of sharing thoughts, ideas, etc., without spending a significant amount time – a great benefit to solo professionals. However, they are not full substitutes for blogging.

Personally, while I have had difficulty finding time to blog over the past few months, I have continued to post to Twitter and Delicious. Even I incorrectly justified this activity as a substitute for blogging. Unlike these other services, a blog provides an outlet for communicating to an audience in a personal way and without the limitation of 140 characters. Additionally, this can be a great outlet for escaping, at least temporarily, the rigors of the everyday practice of law.

If you follow my blog, I encourage you to follow me on Twitter and Delicious. Someday soon, I will figure out a way to integrate my activity on these (and other) services with my blog. If anyone has any ideas for doing so, please send me an email.

In conclusion, I apologize to everyone who follows my blog for my lack of recent updates. However, I making a commitment to writing a minimum of one blog post per week going forward and look forward to your continued following.

Have a wonderful weekend!

FINRA Securities Arbitration Statistics – January 2010

Jason M. Kueser — Mon, 01 Mar 2010 18:38:27 +0000

FINRA recently reported its January 2010 arbitration statistics. For the month ended January 31, 2010, 456 claims had been filed. This represents a decrease of 14% as compared to the number of cases filed in January 2009 (528). The average turnaround time for cases that have resulted in an arbitration hearing (i.e., cases that did not settle prior to the hearing) has declined by 11% (11.6 months from 13.0 months).

In addition, FINRA has also noted a significant increase in the number of cases in mediation. Through January 31, 2010, parties in 75 cases had agreed to mediation, which is 92% greater than the number of cases (39) under a mediation agreement in through January 2009. Cases in mediation were closed in approximately 121 days.

The most frequent securities and investment claims/controversies involved in arbitration continue to be breach of fiduciary duty, misrepresentation/fraud, negligence, failure to supervise, oission of facts, and breach of contract. Mutual funds and common stock also remain the most common type of securities involved in arbitration claims.

During the month of January, 350 cases closed. Of those, 52 were decided by arbitrators (39 closed as the result of an arbitration hearing and 13 closed after an arbitrator reviewed documents submitted by the parties) and the remainder were closed as the result of settlement, withdrawn claims, and “other reasons.” Investors also won fewer cases, as a percentage of cases decided by arbitrators, than in the previous year as only 41% of investors who were seeking monetary damages were awarded any compensation. This is down from 45% in 2009.

The Kueser Law Firm represents investors in securities arbitration. If you feel that your investments have been mismanaged, please contact our firm to discuss your rights. This entry was originally posted on the firm’s Securities Arbitration Blawg.

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