|
SAC PACKAGES |
SECURITIES
AWARDS MONTHLY
Our Database Publications - derived from our comprehensive Arbitration Award and Court Decision Databases, the
Commentator newsletter, and internal resources –
give you a wealth of information to complete your personal research library.
Our product selection includes:
SAC Packages
Collections of information on the most popular topics, from our Arbitration Award and Court Decision Databases, and other sources.
Securities Awards Monthly
Arbitration Awards by month - indexed, highlighted and analyzed,
with commentary on notable panel decisions.
See How Our Products Help Win Cases for practical uses of SAC Database products.
SAC Packages
Need hard and fast information on raiding, defamation, "selling away," or any other topic in the field? SAC has created comprehensive packages on subjects of enduring and focused interest.
SAC Package contents, which include the most recent and relevant information available from our sources, feature:
 |
arbitration awards from our Arbitration Award Database |
|
|
court decisions from our Court Decision Database |
|
|
relevant excerpts from past issues of the Commentator |
|
|
articles, briefs, pleadings, and legal memos supplied by subscribers |
|
|
rule proposals and regulatory items, as appropriate |
Our current collection of SAC Packages includes:
Clearing Broker-Dealer |
Damage Calculation
| Defamation
"Dram Shop" (for suitability issues concerning self-directed
accounts)|
Employment Discrimination
Exemplary Damages
"Raiding" (for unfair competition and recruiting disputes) |
Sanctions Discovery & Evidence
"Selling Away" (for private securities transactions)
Statute of Limitations/Eligibility (for timeliness & time bars)
|
Substantive Motions
Is there an important topic you don't see on this list? SAC can do
custom research for you.
Clearing Broker-Dealer
Clearing broker-dealers are often large firms that undertake, on behalf of smaller introducing firms, to perform certain back-office and other services for the introducing firm, including carrying the customer accounts. When a problem arises between a customer and the introducing firm, the clearing broker-dealer is often pulled into the fray. However, the dynamics that control liability are much different in the case of the clearing broker-dealer. This Package isolates those awards where clearing broker-dealers were involved and supplies other materials, such as court decisions, articles, news stories, and regulatory rule changes, that deal with this fast-changing area.
Damages Calculation
The question of the appropriate amount of the damages awarded challenges expert witnesses and advocates alike. When arbitrators explain how they reached a particular figure (a rarity), their remarks are helpful in understanding what considerations were uppermost with panels in determining damages. This collection of awards highlights such comments and findings in a wide array of awards and demonstrate the viability of arguments concerning mitigation, "make whole" awards, indexing vs. interest, lost opportunity vs. speculative damages, "benefit of the bargain," rescission, and more. Court decisions of note as well as important articles are also included.
Defamation
Claims of defamatory statements about former employees have become more prevalent, as the impact of a poor employment record has gained greater importance in the securities industry. The fact that many of the statements in disputes related to regulatory filings raises a special consideration of privilege. This Package explores those issues and others, principally by example--through related awards, court decisions, briefs, and other related materials.
"Dram Shop"
(for suitability issues concerning self-directed accounts)
A widely noted emerging trend involves the question of when, if ever, a broker-dealer should interrupt or halt "reckless" trading by a customer. SAC has collected
awards – both winners and
losers – that explore the penumbral subtleties of this liability issue. Included are several of the most publicized awards to date, such as the 125-page
Asseoff v. Advest opinions. The fact-descriptive
TNGS/Belkin Award is particularly instructive about the pitfalls that can trigger liability in borderline situations.
Employment Discrimination
Since the U.S. Supreme Court's decision in the securities employment case
Gilmer v. Interstate/Johnson Lane, the courts have been sending cases of employment discrimination in a broker-dealer context to arbitration. That trend, though, has been dealt some blows in
post-Gilmer cases and recent rule changes. This Package tracks the judicial trends for and against sending such cases to arbitration. At the same time, a number of discrimination-related cases have been arbitrated and the results, collected in this Package, will be instructive to counsel involved in similar disputes.
Exemplary Damages
A collection of hundreds of awards that deal with extraordinary relief awarded by arbitration panels nationwide. The awards concentrate upon punitive damage relief, but include as well awards reflecting RICO, state trebling statutes, and emotional distress damages.
"Raiding"
(for unfair competition and recruiting disputes)
This collection of raiding and recruiting disputes, the legal by-products of competition among firms for veteran producers, pulls together awards, court decisions, and articles with respect to calculating damages and obtaining provisional relief. Included are excerpts from the
Commentator and the NASD Rules for Expedited Arbitration. Issues covered include injunctive relief, taking of records, tortious interference, restrictive covenants, and other topics related to these disputes. Included as well are orders for interim relief granted by arbitrators under the NASD Rules.
Sanctions Discovery & Evidence
This Package has been developed in response to demand for arbitrator action to address poor conduct, discovery inaction, and noncompliance with arbitral orders by parties and their representatives. Such "demands" take the form of "motions" to bar, preclude or strike, as well as requests for monetary sanctions or attorney fees. The collected awards reflect arbitrators' responses and solutions. Excerpts from the Arbitrators' Manual and SRO Rules demonstrate the SRO forums' attempts to fortify arbitrators' ability to address party recalcitrance. Two other related topics are also explored: (1) Sharing insights gained in the frequent discovery battles that ensue; and (2) Is there any limit to what evidence an arbitrator will hear? This Package can help you find the answer.
"Selling Away"
(for private securities transactions)
Securities transactions with clients of a brokerage firm that are done by the broker away from the firm present special questions of liability and supervision. Convincing a panel that the brokerage firm should be held liable for such
activity – known as "private securities transactions" in regulatory parlance and "selling away" in arbitration
vernacular – requires both subjective and objective connectors between the disputed transactions and the brokerage firm's sphere of influence over the broker. The awards, regulatory material, and court decisions in this Package present many of the facets, tactics, and arguments encountered in this particular genre of disputes.
Statute of Limitations/Eligibility
(for timeliness & time bars)
A particularly thorny topic these days is the question of who decides timeliness issues in an arbitration dispute and how timeliness should be calculated. This Package offers greater clarity on issues wherein initial tactical decisions may be as important as substantive preparation. Our Package pulls together important awards and published (and unpublished) court decisions. The binder contains legal memoranda submitted in actual arbitrations, plus petitions, motions, and briefs filed in pre-arbitration and parallel litigation. To round out the package:
Commentator excerpts and policy correspondence that reflect forum positions on these matters.
Substantive Motions
As motion practice has taken a stronger role in arbitration proceedings, motions with a dispositive or
semi-dispositive bent have been entertained and sometimes granted. Awards reflecting arbitral determinations or consideration of such substantive motions are contained in this Package. Motions for directed verdict, to dismiss specific claims for summary judgment, or to disqualify counsel are only some of the substantive motions that are treated in this collection of awards.
See How Our Products Help Win Cases for practical uses of SAC products and services.
SAC Packages - Costs
Securities Awards Monthly
The Securities Awards
Monthly draws on SAC’s huge and ever-growing collection
of securities arbitration Awards to provide the most
comprehensive and in-depth coverage of the latest Awards
available today. Each issue of the Monthly
focuses on a single, recent month of Awards collected and added
to our collection.
While the Securities Arbitration
Commentator gives readers the big picture--the securities arbitration
“forest,” so to speak--the Securities Awards Monthly takes a
microscope to the “trees,” offering unique insight into the Awards themselves
and the nitty gritty of the arbitration process at the ground level:
strategies and tactics to emulate or avoid, the thoughts and concerns of real
arbitration Panels, and emerging trends.
The Monthly offers:
n
Summaries and analysis of all “Explained Awards,” providing
all-too rare glimpses into the minds of the arbitrators as they wrestle with
their decisions.
n
Highlights of other notable Awards and occasional “peeks behind”
otherwise laconic Awards to examine pleadings and arguments from both sides of
a dispute. Our articles illuminate the circumstances leading to arbitration
and other interesting facets of the arbitration process and decision-making.
n
Charts highlighting the largest monetary Awards.
n
Charts and tables analyzing subjects such as major
broker-dealers’ use of inside counsel and outside counsel and the amounts and
dispositions of contested monetary claims.
n
“Helpful Hints” on using ARBchek (our new online search
engine for checking arbitrators’ Award histories); and
n
Awards added to our Award Packages (our comprehensive
collections of enduring and focused interest).
We complement each issue of the
Monthly with a CD containing a Summary Report on all Awards entered
into our data base during the month covered by that issue in searchable Adobe
format. Together, the Monthly and its Award Report keep our
subscribers up to date on what their arbitrators and opposing counsel may be
doing that could affect the cases they share.
Securities Awards Monthly - Costs
| Stand-alone Subscription (12 print issues/year) |
$250 |
| SAC Subscriber Discount (12 print issues/year) |
$175 |
| ARBChek Subscriber (12 print issues/year) |
FREE |
|
