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ARTICLE · 08 JUNE 2020

Beware Of Pitfalls In Remote FINRA Hearings

Due to COVID-19, FINRA has postponed all in-person arbitration and mediation hearings through July 31, 2020, and is offering remote hearing services using Zoom and teleconference.

United StatesLitigation, Mediation & Arbitration

This recently occurred in a FINRA arbitration that was partially remotely held on Zoom.

Due to COVID-19, FINRA has postponed all in-person arbitration and mediation hearings through July 31, 2020, and is offering remote hearing services using Zoom and teleconference. The parties can jointly request a virtual hearing option or the panel may order the parties to proceed using a virtual hearing option.

Parties considering a remote hearing should consider the pitfalls of such hearings―particularly that they may be an inadequate substitute for an in-person hearing or that they will provide another ground on which decisions may be challenged.

This recently occurred in a FINRA arbitration that was partially remotely held on Zoom. A month after the panel issued an $11.4 million award in favor of claimants, on May 5, 2020, respondents filed a petition in federal court to vacate the award, inter alia, because the panel was inattentive and distracted during their Zoom

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Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.

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