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AMW LAW PLLC BLOG
NEWS & ANALYSIS
Welcome to AMW Law PLLC’s legal blog, where we break down the complexities of securities laws, rules and regulations for investors and financial professionals alike.
Our posts are organized into four focused categories: Smart Investor Insights offers practical guidance on fraud risks, recovery options, and protecting your investments; Broker Compliance Center provides financial professionals with updates and strategies for staying compliant and defending against regulatory actions; Securities Law Updates highlights key developments from FINRA, the SEC, and the courts that shape the legal landscape; and Our Legal Services gives an inside look at how we help clients pursue and defend securities-related claims.
Whether you're safeguarding your portfolio or your professional standing, our goal is to keep you informed, prepared, and empowered.
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Understanding Variable Annuities: Features, Risks, and Legal Considerations
Variable Annuities: Features, Risks and Legal Options Variable annuities are unique financial products that blend insurance and investment elements. They offer a combination of market-based growth potential and retirement income. These products are often utilized as a component of retirement planning, appealing to those seeking market returns while securing an income stream in later years. However, variable annuities are also costly and complex and come with certain risks tha
Artur M. Wlazlo
Understanding FINRA Rules on Outside Business Activities and Private Securities Transactions
FINRA Rules on Outside Business Activities and Private Securities Transactions: What You Need to Know. Navigating FINRA’s rules on Outside Business Activities (OBAs) and Private Securities Transactions (PSTs) can be confusing, as both involve financial professionals engaging in activities outside their primary brokerage firms. However, these two categories have distinct regulatory implications. This blog will clarify the differences, the applicable FINRA rules, and the compli
Artur M. Wlazlo
The Curious Case of XRP: How One Digital Currency Can be Simultaneously Security and Non-Security under SEC v. Ripple Labs
Cryptocurrency: Security and Non-Security under SEC v. Ripple Labs In the evolving landscape of digital assets and cryptocurrencies, whether a particular token qualifies as a security remains a contentious legal issue. The United States District Court’s decision in SEC v. Ripple Labs, Inc. (Case No. 20 Civ. 10832) sheds light on how a single digital asset—XRP—can be deemed both a security and not a security, depending on the context in which it is sold. This seemingly parado
Artur M. Wlazlo
Cryptocurrency Assets: Investment and Regulatory Risks that Investors and Financial Professionals Should Know.
Cryptocurrency Assets: Investment and Regulatory Risks that Investors and Financial Professionals Should Know. Cryptocurrency is a type of digital asset that uses cryptography for security. Cryptography secures communication and information through complex codes, ensuring transaction authenticity, integrity, and confidentiality. By leveraging cryptographic techniques, cryptocurrencies ensure secure peer-to-peer transactions without the need for intermediaries like banks. Cryp
Artur M. Wlazlo
The Hidden Dangers of High-Risk Trading: What Retail Investors Should Know and Understand About Their Legal Options.
The Hidden Dangers of High-Risk Trading: What Retail Investors Should Know and Understand About Their Legal Options. High-risk trading strategies, such as trading on margin, selling uncovered options or puts, frequent or daily trading of stocks, and short-term trading of mutual funds, promise the allure of rapid profits. However, these methods are akin to walking a financial tightrope where the stakes are often far higher than many investors realize. While these strategies
Artur M. Wlazlo
Alpine Securities v FINRA: Narrow Holding Lets FINRA to Live and Fight Another Day.
Alpine Securities v FINRA: Narrow Holding Lets FINRA to Live and Fight Another Day. The United States Court of Appeals for the District of Columbia recently delivered its highly anticipated ruling in the Alpine Securities case, a decision with significant implications for FINRA and the broader framework of securities regulation. Alpine challenged FINRA’s constitutionality on two critical grounds. First, it contended that FINRA’s appointment of hearing officers violates the Ap
Artur M. Wlazlo
Regulation Best Interest: Understanding and Compliance
Regulation Best Interest: Understanding and Compliance The promulgation of the SEC’s Regulation Best Interest (Reg BI) marked a significant moment in the broker-dealer industry, reflecting a transformative shift in how brokers are expected to interact with retail investors. Before Reg BI, broker-dealers operated under a suitability standard, which required them to ensure that any investment recommendation was appropriate for the client's financial situation and goals. However
Artur M. Wlazlo
Lorenzo v. SEC: Scope of Primary Liability for Securities Fraud.
Lorenzo v. SEC: Scope of Primary Liability for Securities Fraud. The Supreme Court's decision in Lorenzo v. SEC addressed significant...
Artur M. Wlazlo
FINRA Registration Forms U-4 and U-5: Purpose, Disclosure Obligations and Regulatory Risks.
FINRA Registration Forms U-4 and U-5: Purpose, Disclosure Obligations and Regulatory Risks. The Financial Industry Regulatory Authority (FINRA) plays a vital role in regulating and overseeing the securities industry in the United States. Central to FINRA's regulatory framework are forms such as the Uniform Application for Securities Industry Registration or Transfer (Form U-4) and the Uniform Termination Notice for Securities Industry Registration (Form U-5). These forms are
Artur M. Wlazlo
SEC v. Jarkesy: The Radical Reworking of the Administrative State.
SEC v. Jarkesy: The Radical Reworking of the Administrative State. In SEC v. Jarkesy , 603 U.S. ___ (2024), No. 22-859 (June 27, 2024),...
Artur M. Wlazlo
The Expungement Process for FINRA Forms U-4 and U-5: Removing Customer Dispute Information from the Central Registration Depository (CRD) System
The Expungement Process for FINRA Forms U-4 and U-5: Removing Customer Dispute Information from the Central Registration Depository (CRD) System. The expungement process for FINRA Forms U-4 and U-5 is an essential mechanism in the securities industry, aimed at addressing and potentially removing inaccurate or false entries from a broker's or registered person’s public record. This process plays a critical role in maintaining the accuracy and integrity of the information avail
Artur M. Wlazlo
Analysis of Alpine Securities Corporation v. FINRA: Constitutionality of FINRA Hearing Panels in Jeopardy.
Analysis of Alpine Securities Corporation v. FINRA: Constitutionality of FINRA Hearing Panels in Jeopardy. The United States Court of...
Artur M. Wlazlo
Understanding On-the-Record Interviews and Requests for Documents Under FINRA Rule 8210.
Understanding On-the-Record Interviews and Requests for Documents Under FINRA Rule 8210. The Financial Industry Regulatory Authority (FINRA) plays a vital role in overseeing broker-dealers and registered representatives to ensure compliance with securities laws and regulations. One of the tools FINRA uses to carry out its regulatory functions is FINRA Rule 8210, which grants FINRA the authority to request information, documents, and testimony from member firms and associated
Artur M. Wlazlo
Understanding FINRA Disciplinary Hearings: An Overview.
Understanding FINRA Disciplinary Hearings: An Overview. The Financial Industry Regulatory Authority (FINRA) plays a critical role in regulating the securities industry. Part of its mandate involves conducting disciplinary hearings to address violations of securities laws and FINRA rules. The process of a disciplinary hearing encompasses several stages, including investigation, on-the-record (OTR) interviews, hearings, and potential appeals to the National Adjudicatory Council
Artur M. Wlazlo
Free Experienced Securities Attorney Consultation: Empowering Your Financial Future.
AMW Law PLLC | Experienced Securities Attorney Are you an investor navigating the complex landscape of the securities industry? Perhaps you're a financial professional, adviser, or broker seeking advice and guidance relating to securities laws and regulations. In today's financial world, the stakes are high, and having a knowledgeable ally on your side can make all the difference. That's why we're offering a free consultation with an experienced securities attorney. This inva
Artur M. Wlazlo
Understanding Arbitration Claims in Securities Disputes: Elements, Burden of Proof, and Damages.
Understanding Arbitration Claims in Securities Disputes: Elements, Burden of Proof, and Damages. In the context of securities disputes, filing an arbitration claim with the Financial Industry Regulatory Authority (FINRA) is a common pathway for investors seeking resolution outside of the court system. Claims can arise from various issues, including suitability, fraud, breach of contract, negligence, unauthorized trading, and failure to supervise. Understanding the elements re
Artur M. Wlazlo
Frequently Asked Questions: Filing an Arbitration Claim with FINRA.
What is FINRA Arbitration? Q: What is FINRA arbitration? A: FINRA arbitration is a dispute resolution process that allows parties to...
Artur M. Wlazlo
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