A Peek Behind a Selling Away Award: Fry v. Comprehensive Asset Management and Servicing Inc. & Steele
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A PEEK BEHIND A SELLING AWAY AWARD: FRY v. COMPREHENSIVE ASSET MANAGEMENT AND SERVICING INC. & STEELE, FINRA ID #17-01767 (Indianapolis, IN,

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Arbitration Attempt Is Annulled by Inconsistent Activity: Dagostino v. LPL Financial, LLC
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By Paul J. Dubow

A party who engages in extensive motion practice, takes depositions, and seeks production of documents before filing a motion to compel arbitration waives the right to arbitration.

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SDNY Defines FINRA “Customer” – Again: Deutsche Bank Securities, Inc. v. Roskos
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By Christopher G. Lazarini

Absent an arbitration agreement, a person seeking to compel a FINRA member to arbitrate as its “customer” must (1) have an account with the FINRA member or (2) have purchased goods and services from the FINRA member.

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Firm Tossed Negligence Count by Non-Customers Reinstated in Selling Away Appeal: Owens v. Stifel Nicolaus & Co., Inc.
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By Burton W. Wiand

A broker-dealer may be liable for the selling away conduct of its employee, where it is foreseeable that the employee may engage in such conduct.

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Broker Pays the Price for Passing on Arbitration With Selling Away Customer: Hunsinger v. Carr
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By David C. Franceski, Jr.

The term “customer” in FINRA Form U-4 and FINRA’s Code of Customer Arbitration Rule 12200 includes a member firm’s account-holder victimized by the rogue investment activities of a FINRA registered broker,

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When a Brokerage Arbitrate With a Customer It Never Knew It Had: AXA Advisors LLC v. Lee
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By Paul J. Dubow

FINRA Rule 12200 requires a FINRA member to arbitrate disputes with its customers and the customers of its associated persons.

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