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- Credit Suisse to Pay $47Mn to Resolve DOJ Asia Probe
- SEC Chair Clayton Goes 'Hat in Hand' Before Congress on 2019 Budget Request
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- World’s Biggest Hedge Fund Reportedly ‘Bearish On Financial Assets’
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- SocGen Agrees to Pay $1.3 Billion to End Libya, Libor Probes
- Cryptocurrency Exchange Bitfinex Briefly Halts Trading After Cyber Attack
- SEC Names Valerie Szczepanik Senior Advisor for Digital Assets and Innovation
- SEC Modernizes Delivery of Fund Reports, Seeks Public Feedback on Improving Fund Disclosure
- NYSE Says SEC Plan to Limit Exchange Rebates Would Hurt Investors
- Deutsche Bank faces another challenge with Fed stress test
- Former JPMorgan Broker Files racial discrimination suit against company
- $3.3Mn Winning Bid for Lunch with Warren Buffett
- Julie Erhardt is SEC's New Acting Chief Risk Officer
- Chyhe Becker is SEC's New Acting Chief Economist, Acting Director of Economic and Risk Analysis Division
- Getting a Handle on Virtual Currencies - FINRA
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FINRA Would Change Pre-Dispute Arb Agreements for Whistleblowers
November 22, 2011
FINRA proposes to amend FINRA Rule 13201, Statutory Employment Discrimination Claims, of the Industry Code, and FINRA Rule 2263, Arbitration Disclosure to Associated Persons Signing or Acknowledging Form U4, to align the rules with statutes that invalidate predispute arbitration agreements for whistleblower claims.
Changes Predicated on Dodd-Frank Reform Act. Dodd-Frank invalidated predispute arbitration agreements in the case of Sarbanes-Oxley (Sarb-Ox) whistleblower claims. As amended, FINRA Rule 13201 would clearly articulate that parties are not required to arbitrate Sarb-Ox whistleblower claims - which supersedes existing guidance to the contrary.
While FINRA is proposing these rule changes to update the staff's stated position on Sarb-Ox whistleblower claims - prior to Dodd-Frank, FINRA staff had taken the position that parties were required to arbitrate Sarb-Ox whistleblower claims under the Industry Code - FINRA is using this opportunity to to make the rule text broad enough to cover any statutes that prohibit predispute arbitration agreements for whistleblower claims.
For further details, go to: [FINRA Rule Filing 11-67, 11/21/11].

