November 29, 2010
Ladies and Gentlemen,
It is my privilge as an attorney representing investors at Busch, Ruotolo, Simpson LLP in Dallas, TX and as a long-time member of the Public Investors Arbitration Bar Association (PIABA) to offer these comments in support of the proposed Rule by which panels may be comprised wholly of "non-industry" arbitrators.
I have practiced in the field of securities arbitration since the early 1990's. My views expressed here are based largely on my experience during that time as a lawyer representing investor-claimants both in NASD, NYSE and FINRA arbitration proceedings. They are also based on my experience in representing parties to securites cases pending before state and federal courts since 1977.
In my view, allowing investors to select FINRA arbitration panels whose members are not "industry affiliated" and who are, instead, wholly "public" arbitrators is indeed a big step toward achieving inherent fairness in arbitration process. Likewise, the image of FINRA's dispute resolution program will be enhanced by the adoption of this proposed new rule. By implementation of the proposed new Rule, the bias and prejudice which is often injected into the process where it involves panels comprised of one or more "industry" panel members will be eliminated.
Thank you for your consideration of my comment.
Respectfully submitted.
- Henry Simpson, Dallas, TX.