Investment Fraud

FINRA Arbitration Suffers Reputational Setback in Suit That Highlights Unfair Expungement System

Lawyers who represent victims of investment fraud frequently criticize the FINRA arbitration process as being tilted in favor of stockbrokers. Biased arbitrators, cherry-picked by the industry and beholden to their interests, is a common complaint. A recent filing by the Alabama Securities Commission against a FINRA arbitrator for numerous violations has added credence to the claims of unfairness. According to…

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The Case of the Clicks: The Rise of Digital Ad Fraud

The advertising industry has undergone rapid changes in the past few decades. The growth of the internet has meant that businesses have pivoted to digital advertising options. This has come with its own set of challenges. While the two main stakeholders remain the same – companies that sell ad space, and companies that want to buy ad space – how…

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The Various Places Where Excessive Fees May Be Hidden in Your 401(k) Plan

So-called defined contribution plans—such as 401(k) plans—have become “the primary private savings vehicle for most Americans’ retirement.”[1] The assets held by 401(k) plans have more than doubled over the past decade, and as of 2019, these plans held a whopping $6.4 trillion in retirement savings.[2] With trillions at issue and the retirement security of millions of American workers at stake, it is…

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Should Your 401(k) Plan Invest in Private Equity?

The U.S. Department of Labor (“DOL”) recently issued a guidance document explaining that 401(k) plans are permitted to invest in private equity funds, albeit only indirectly.[1] The DOL touts its new guidance as a policy that “level[s] the playing field for ordinary investors” and helps “ensure that ordinary people investing for retirement have the opportunities they need for a secure retirement.”[2] However,…

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401(k) Participants Can Be Prime Targets of Cross-Selling Efforts

Participants in their company’s 401(k) plan have come to expect that their employer will protect their personal information from disclosure outside the plan. However, plan participants of Shell Oil’s 401(k) have filed a case in federal court in Galveston, Texas – Harmon v. Shell Oil Company – alleging Shell took no action to stop the plan’s recordkeeper, Fidelity, from using participants’ personal…

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