Reviewing Investment Account Statements During Market Volatility – Five Red Flags

Seeing that account balance number can hurt. And not all investment losses are potentially recoverable or due to inappropriate recommendations by a financial advisor. But in times of market volatility, reviewing investment account statements might reveal claims for losses that are actionable and recoverable – if prompt action is taken.

Warren Buffet’s much repeated quote, “only when the tide goes out do you discover who’s been swimming naked,” rings true once again today in the sawtooth market volatility of the coronavirus global pandemic. The Dow Jones Industrial average hit a record high of 29,551 in mid-February. Today it stands about 20% lower than that, having seen the price of crude oil slipping into negative territory and other wild news. Some market sectors have been hit disproportionately, and there is no end in sight to the turmoil. Investors are waking to unexpected margin calls while struggling to maintain liquid assets.

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SYK Attorney Darlene Pasieczny to Moderate “Hybrid Advisers” Panel

Darlene Pasieczny will moderate “Hybrid Advisers” panel, Tuesday October 9th. They will be exploring issues in regulation and customer dispute resolution when a culpable financial adviser “wears two hats” as both a FINRA‐licensed broker and SEC‐licensed registered investment adviser. When is the brokerage firm responsible for conduct by its dual‐registered associated person? How do FINRA and the SEC parse enforcement issues for these hybrid advisers? The panel will discuss trends in customer arbitration cases, recent case law decisions, compliance and enforcement.

Find registration information in the full article!

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Are You Really In Good Hands – Ensuring Your Insurance

Everyone should have insurance, and being insured does, in many ways, help us sleep at night. However, as with many contracts (and remember, an insurance policy is actually a contract), disputes sometimes arise. It is not unusual for there to be a dispute regarding the interpretation of insurance contract terms. And, with insurance contracts, those disputes are often about coverage. That is, the insurance company may claim that, even though you have insurance, your claim is not covered. This can be frustrating.

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Due Diligence: Just Who Are You Dealing With?

Your time is valuable. You don’t need to be dealing with individuals or entities who have bad intentions or who are deceptive. You’re probably better off taking a vacation to the beach or the mountains than you are dealing with unscrupulous people. Take some time to learn about the party with whom you will be dealing before you obligate yourself or your company. You may find out that they aren’t who they claim to be.

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Oregon First to Pass RUFADAA – Allowing Legal Access to Your Digital Assets

SYK has been advising our clients, friends and colleagues about managing Digital Assets (your online accounts) for many years, lamenting the fact that the internet was outrunning the law. We’ve been writing about it, testifying before legislators, speaking at seminars and encouraging everyone to prepare a VAIL – Virtual Asset Instruction Letter.

We are happy to report that there is new light on the issue. Oregon has just become the first state in the union to pass RUFADAA: The Revised Uniform Fiduciary Access to Digital Accounts Act. Oregon Senate Bill 1554 was signed by the Governor yesterday and will become effective January 1, 2017.

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Undue Influence – Tripped Up in Court

Recently a Missouri jury resolved a deceased real estate magnate’s estate by finding his socialite widow had used undue influence to gain control of his company. The “high-stakes drama” had a cast of characters, that included politically connected attorneys and allegations of a manipulative second wife that unduly influenced her ailing husband to change control […]

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Upcoming SYK Event: Do You Know Where Your Digital Assets Are?

In the U.S., 2.6 million people die every year. How many had their affairs in order? How many left passwords and instructions for dealing with their online accounts and information?

As trustees, personal representatives, or family and loved ones left behind, how does one go about locating, accessing or managing important digital assets, such as electronic financial statements, digital family photos bequeathed to relatives, or wrapping up an online business?

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