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New York, NY securities attorney Jenice L. Malecki talks about typical claims in a FINRA arbitration. She points out that the most common claims brought by public investors include unsuitability, breach of fiduciary duty, theft, fraud or omissions, churning, and defective securities products. These issues typically arise when a broker does not act honestly or in the client’s best interest. Negligence can also be a factor, though many clients hesitate to bring claims against brokers they have known personally for years. In such cases, claims are often framed as failure-to-supervise actions against the broker-dealer rather than the individual broker, although the broker’s record is still affected.
For investment professionals, the typical FINRA claims involve wrongful termination, discrimination (based on race, gender, or age), and requests for expungement to remove inaccurate customer complaints or negative termination language. Additionally, intra-industry claims often arise during transitions between broker-dealers, including disputes over client solicitation or “stealing” customers. These represent the most common types of FINRA arbitration claims for both investors and industry professionals.
