Nicholas J. Guiliano, Esquire of the Guiliano Law Group will be featured as a Speaker at the 21st Annual Meeting of the Public Investors Arbitration Bar Association this year in Austin, Texas at the Barton Creek Resort and Spa.
Discovery Phase of an Arbitration
Mr. Guiliano’s presentation will explore the discovery phase of an arbitration proceeding as viewed from the perspective of both the existing FINRA Discovery Guide and practical considerations that commonly arise in an arbitration proceeding.
The FINRA Securities Arbitration Process
As part of his presentation, Mr. Guiliano has compiled materials including an 84 page study guide concerning the FINRA securities arbitration process.
According to Mr. Guiliano, “cases are won and lost, or more accurately settled, as a result of discovery,” and his paper explores Respondent’s two most traditional defenses in securities arbitration cases:
- You Should Have Known Better than to Trust Us Defense
- You Could Afford to Lose the Money Anyway Defense
In his paper, Mr. Guiliano also provides incite as to the importance of instructions and definitions in document requests to defeat the ingenuity of defense counsel seeking to conceal highly relevant documents based upon undefined terms or parties, issues regarding the propriety and use of Confidentiality Agreements, the importance of obtaining Wall Street’s document preservation policies, and why an investor’s wealth or prior investment experience are generally irrelevant in investor securities arbitration claims.
Information Requests vs Contention Interrogatories
Mr. Guiliano also explores the proper and improper use of Information requests versus contention interrogatories are not permitted in FINRA securities arbitrations, and the existence of useful discovery sources outside of Respondents and the discovery process including in Class Action Pleadings, on social networks sites, and publicly available on the Internet in Civil and Criminal Dockets, and on line state and federal regulatory materials.
Meet and Confer
Mr. Guiliano also discusses the the efficacy of “Meet and Confer” letters, the importance of privilege logs, the certification of record keepers in the absence of documents which may be required to be maintained under the record keeping provisions of the federal securities laws and Respondent’s document retention policies.
Improper Use of Non-existent Privileges
In his paper, Mr. Guiliano also highlights the improper use of non-existent privileges frequently raised by Respondents including the investigatory privilege, and shows why these documents are not only discoverable but why they are admissible at the time of hearing.
Proper Use of Subpoenas
Finally Mr. Guiliano discusses the proper use of Subpoenas under the FINRA Code of Arbitration Procedure, Motions to Compel, Sanctions and what to do with an ineffective arbitration panel.
Guiliano Law Group
If you have been the victim of securities fraud you should consult with an attorney. The practice of Nicholas J. Guiliano, Esq., and The Guiliano Law Group, P.C., is limited to the representation of investors in claims for fraud in connection with the sale of securities, the sale or recommendation of excessively risky or unsuitable securities, breach of fiduciary duty, and the failure to supervise. We accept representation on a contingent fee basis, meaning there is no cost unless we make a recovery for you, and there is never any charge for a consultation or an evaluation of your claim. For more information contact us at (877) SEC-ATTY.