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New York Securities Fraud Lawyers Blog

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Malecki Law Founder Offers Insights on FINRA-Barred Brokers Continuing to Work in the Financial Services Industry

Despite the weight that a FINRA Bar carries in the financial services industry, investigations show that barred financial professionals have had little trouble remaining employed in the financial services industry. Financial Advisor IQ, along with its sister publication Life Annuity Specialist, is conducting investigations into individuals barred by FINRA who…

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SEC Approves FINRA’s Proposed Rule 3240 Change and Cites Malecki Law’s Public Comment

On September 17, 2024, the Securities and Exchange Commission (SEC) approved a proposed rule change to amend Financial Industry Regulatory Authority, Inc.’s (FINRA) Rule 3240, citing Malecki Law in their approval order. Rule 3240 previously prohibited registered persons from borrowing from or lending money to their customers, with the five…

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Malecki Law Files a Public Comment in Response to FINRA’s Proposal to Amend Rule 12800, Impacting the Application of the “Discovery Guide.”

FINRA has proposed a change to its Rule 12800, which addresses simplified arbitration involving cases of $50,000 or less. Specifically, the proposal, (Release No. 34-100204; File No. SR-FINRA-2024-008), would amend provision 12800(g)(1), giving customers in paper cases and special proceedings the option to elect whether they want Document Production Lists…

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Malecki Law Had First Female-Led IPHC – Is Diversity in the FINRA Space on the Rise?

On Wednesday, September 4, 2024, Malecki Law had their first all-around all-female Initial Pre-Hearing Conference (IPHC). An IPHC is a conference that takes place after arbitrators have been selected and provides a first impression for everyone involved. The participants of the IPHC included a panel of three female arbitrators, two…

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Malecki Law Founder, Jenice L. Malecki, to Speak at PLI’s Securities Arbitration 2024 Conference

On Tuesday, September 12, 2024, Malecki Law’s founder and owner, Jenice L. Malecki, Esq., will be speaking at the Securities Arbitration 2024 event. This conference is organized by the Practicing Law Institute (PLI). Ms. Malecki will be attending it, along with her Associates, Jacqueline Candella and Adam Schreck. The firm…

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Post Summer Transitions: Industry Tip #1 – Beware of the Non-Compete Clause

As the summer winds down and employees begin contemplating transitions to a new employer, financial professionals must be aware of the rules, procedures, and contracts impacting a potential transition to a new firm. To help keep financial professionals apprised of important considerations when changing employers, Malecki Law, one of New…

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A Broker’s Perspective on Historic Arbitrations Should be Considered Before Determining Their Sanctions Pursuant to Rule 2010’s High Standards of Commercial Honor

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…

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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…

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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,…

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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…

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