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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].