Russell
L. Forkey, Esq., has been the responsible attorney relative to numerous
reported decisions on behalf of clients involving securities matters in
the Southern District of Florida, the Courts of Appeal in Florida, as
well as the Eleventh Circuit Court of Appeals. These decisions have
helped define matters to be covered in arbitration, the authority of
arbitrators to order discovery and grounds under which arbitration
awards may be reviewed.
Chief among the most recent are:
·
A decision establishing that investors are
intended third party beneficiaries of contracts between brokers and the
self-regulatory agencies to which they belong and can enforce these
contracts to demand arbitration of disputes that would not be arbitrable
otherwise.
·
A decision involving the interpretation of
Florida’s Blue Sky Securities Laws’ prohibition against sales of
securities by dealers outside of Florida but not registered in Florida
to residents of Florida.
·The
development of a non-statutory standard of judicial review for vacating
arbitration awards in addition to the statutory grounds expressed in the
Federal Arbitration Act and the fact, that arbitrators and not courts
determine all statute of limitation defenses