Securities Litigation Attorney in New York, New York

What remedies are available to investors who have been harmed by a sales practice violation?

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Interestingly the sales practice violations do not
have embedded within them private rights
of action so an untrained lawyer or a
layperson who is dealing with a broker
dealer the first thing that they’re
going to hear about the finra conduct
rules is that there’s no private right
of action and that’s true but that’s not
the whole story the way that the finra
conduct rules are applicable
in cases against brokerage firms is that
they form the basis of breaches of
contract and negligence just the way you
know let’s say somebody slips and falls
on the sidewalk you know the sidewalk is
supposed to be even and not cracked and
and if somebody trips over a cracked
sidewalk they may have a case against
the person that was required to maintain
the sidewalk because that is common
standard in practice well following the
finra conduct rules is also common
industry practice so in any contract and
in any negligence case those conduct
rules are read in as the industry
standard the duty that they have to the
investing public so they’re very
important rules they form the basis of
not only civil arbitrations and cases
but also regulatory actions brought by
finra

New York, NY securities attorney Jenice L. Malecki talks about the remedies available to investors who have been harmed by a sales practice violation. She explains that sales practice violations under FINRA do not inherently provide private rights of action, which can be confusing for untrained lawyers or laypersons dealing with broker-dealers. While it is true that there is no direct private right of action, this is not the full picture. FINRA conduct rules are highly relevant because they establish the industry standard for brokerage practices and are often incorporated into claims of breach of contract or negligence. She compares it to a slip-and-fall case, where the expectation that a sidewalk is properly maintained sets a standard of care. Similarly, adherence to FINRA conduct rules defines the duty that broker-dealers owe to the investing public. These rules are therefore critical, forming the foundation for civil arbitrations, private claims, and regulatory actions brought by FINRA.

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