March 29, 2008
My name is Steve Buchwalter. I am an attorney practicing in Encino, California. For over a dozen years, I have represented hundreds of clients in SRO arbitrations. While the vast majority of my practice consists of representing public investors, throughout my career I have represented broker-dealers, brokers, and investors in both industry and customer disputes.
I oppose the proposed rule. As written, it will create a landslide of requests to arbitrators saying that the a damage award was mis-calculated because that party disagrees with the amount awarded.
I believe with this rule change, an arbitration will never truly be final until the party's re-argue damages all over again post award.
While I do not believe that is the intention of FINRA, I am confident that would be the result.
Steve Buchwalter
Law Offices of Steve A. Buchwalter, P.C.
16133 Ventura Blvd., Ste 560
Encino, CA 91436
http://www.securitieslaw-attorney.com/