JAMES J. MOYLAN AND ASSOCIATES, P.C.
Arbitration & Mediation
Following the United States Supreme Court’s 1987 Decision in: Shearson/American Express, Inc. v. McMahon, 482 U.S. 220 (1987), almost all customer and employee disputes involving Securities Broker-Dealers, (“B/D”) and Commodity Futures - Futures Commission Merchants, (“FCM”), Introducing Brokers, (“IB”) and individual brokers are subject to Arbitration due to the Arbitration Clause standard in all Customer Agreements and industry Registration forms with such entities.
The forums for these Arbitration Proceedings are the Securities and Commodity Futures Self-Regulatory Organizations, (SRO’s), e.g. The Financial Industry Regulatory Authority, Inc., (“FINRA”), the National Futures Association (“NFA”) and often the Securities or Commodity Futures Exchange where the transaction was executed.
As part of the Arbitration Process, the SRO’s and Exchanges will often offer a “Mediation Track” to the Parties. The Arbitration process continues apace, but the Parties can submit the dispute to Mediation. If the case is mediated to a settlement, the Arbitration Proceeding is terminated. If the Mediation is unsuccessful, the Arbitration Hearing takes place to a binding conclusion in the entry of an Arbitration Award.
I have participated in about 100 Arbitration cases. I also serve as an Arbitrator on a variety of SRO and Exchange Arbitration Panels. I am also a certified Mediator, having participated in almost 50 Mediations either as the Mediator or representing one of the parties to the Mediation.
Practice Areas
Compliance & Enforcement
I will develop a securities and commodity futures compliance system to head off compliance issues. If you already have a situation that requires investigation, disciplinary action, civil injunction, or criminal referral I will defend and guide you to a satisfactory outcome.
Expert Witness Services
Depending on the nature of the case and my experience with the domain, I sometimes act as an expert witness on securities and commodity futures issues. If the role would be better served by another witness I will help you find that person.
Business Entity Formation
James J. Moylan represents broker-dealers, investment advisors, fund managers, futures commission merchants, commodity trading advisors, commodity pool operators, introducing brokers, floor traders, and stock and commodity futures brokers before federal and state regulatory agencies, and self-regulatory organizations in investigative, administrative, disciplinary and enforcement proceedings as well as in arbitrations, mediations, court litigation and appeals.