Securities Expert Witness FINRA Arbitration Expert Witness Annuity Expert Witness
I will assist in getting to the heart of the matter and address the factual issues from an insider's point of view. My experience as an Arbitrator and Mediator will be invaluable for the evaluation and presentation of a case. Expert testimony and written reports are unbiased and supported by detailed research and decades of industry experience.
I provide expert testimony and litigation support for securities, annuities, life insurance, and long term care insurance disputes, and I offer analytical, interpretive, and investigative insight to address matters of fact and relevance.
Unlike the majority of practicing litigation consultants in the U.S., I am one of the few individuals who serving s a FINRA & NFA Dispute Resolution Arbitrator and public Mediator. In addition, I am actively engaged involved in the financial services industry as the President and Chief Compliance Officer of a Registered Investment Advisory firm and Life Insurance Agency. I am qualified as a Certified Fraud Examiner (CFE®) and an Accredited Investment Fiduciary (AIF®).
My findings and opinions are objective, unbiased and predicated upon thorough and detailed examination of the case discovery and pleadings. Through my decades of experience and training, I often discover important details crucial to the underlying dispute that may have otherwise gone unnoticed. My analysis may uncover factual inconsistencies, operational and procedural failures, and expose "red flags" out of the industry norm.
Expert Testimony - Case & Deposition Analysis - Detailed Transaction Reports - Market Adjusted Damages - Margin and Options Analysis - Cash Flow Analysis - Profit & Loss Analysis - Turnover Ratios - Monthly Trade Ratios - Customized Reports
Skills in Controversy:
Suitability, Supervision, Manipulation, Churning, Fraud and Misrepresentation, Duties of a Broker, Duties of an Investment Adviser, Data Input and Analysis, Determining the Strengths and Weakness of a Case. Ethics, Account Related - Breach of Contract, Account Related - Dividends, Account Related - Transfer, Executions - Execution Price, Executions - Limit/Stop/Market Order, Employment - Breach of Contract, Commissions, Compensation, Discrimination, Training Contracts, Wrongful Termination, Clearing Disputes, Recruitment Disputes, Trading Disputes, Buy In, Mark-ups, Stock Loans, Selling Away, Misrepresentation, Wrap Accounts, Standard Securities Industry Procedures, Omission of Facts, Managed/Discretionary and Negligence, .
Skills in Securities:
Annuities (Variable & Fixed), Auction Rate Securities, Certificates of Deposits, Common Stock, Corporate Bonds, Municipal Bonds, Exchange Traded Funds, Fannie Mae, Freddie Macs, Ginnie Maes, Government Securities, Life Insurance (Variable & Fixed) Limited Partnerships (Public and Private), Mutual Funds, Options (stock & index), Private Equities, Preferred Stock, Real Estate Investment Trusts, Structured Products, and Warrants/Rights.
Litigation Support Services
• A Comprehensive Analysis of the Investment Portfolios based upon Suitability, Risk Tolerance Levels and Investment Objectives
• FINRA Arbitration & Mediation Testimony
• Breach of Securities Protocol
• Cash Flow Analysis Reports (Turnover Rate, Equity Expense)
• Financial Fraud Detection
• Market Adjusted Damages & Analysis
• Detailed Transaction Reports (Summary, Aggregate Portfolio and Individual Accounts)
Areas of Expertise
FINRA Arbitration, Accredited Investment Fiduciary, Long Term Care Insurance, FINRA Expert.
Organizations are faced with an ever increasing amount of litigation and complex business disputes. To prevail in this environment, it requires the skill and ability supported by dispute consulting experts who provide meaningful financial and economic analysis.
With over 30 years of experience in the investment advisory, insurance and brokerage industries, I possess extensive knowledge in the securities and insurance industry with considerable experience in supervising, and auditing FINRA Registered Branch Offices.
Areas of Expertise:
* Advertising for Investment Advisers – Sec 204(4)-1 of the IA Act of 1940
* Advertising for Registered Representatives – FINRA Rule 2210
* Anti-Money Laundering - FINRA Section 3300
* Annuities - Variable & Variable
* Breach of Fiduciary Duty
* Broker & Investment Adviser Fraud
* Churning / Excessive Trading
* Code of FINRA Arbitration Procedure – Section 10000
* Code of FINRA Arbitration for Customer Disputes – Section 12000
* Code of FINRA Arbitration for Industry Disputes – Section 13000
* Compensation Disputes
* Customer Account Transfers (ACAT’s) – FINRA Rule 2114
* Damage Calculations
* Due Diligence
* Duties and Conflicts - FINRA Section 2000
* Employment Termination
* Ethics-Related Issues
* Expert Testimony
* Fiduciary Standard of Care
* FINRA Arbitration
* Fixed Income
* Insider Trading
* Investigations and Sanctions – FINRA Section 8000
* Investor Suitability - FINRA Rules 2090 & 2111
* Leveraged & Inverse ETF's
* Life Insurance - Indexed Universal and Whole Life
* Limited Partnerships & Direct Participation Programs
* Margin – FINRA Rule 4210
* Manipulative, Deceptive, & Fraudulent Devices – FINRA Rules 2020 & 2010
* OTC Bulletin Board / Penny Stocks
* Private Placements / Regulation D
* Promissory Notes
* Securities Fraud
* Standard of Care
* Stock & Index Options
* Structured Investments
* Suitability - FINRA Rules 2090 & 2111
* Supervisory and Responsibilities - FINRA Section 3000
* Target-Date Funds
All 50 States and U.S. Territories
Securities & Insurance Expert Witness
FINRA & NFA Arbitration & Mediation
About Barrington Capital Management
What is Wealth Management?
Bob Lawson - Keynote Speaker
Contact Barrington Capital Management, Inc. - Expert Witness
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A FINRA Dispute Resolution Arbitrator - (Industry Arbitrator)
August 2009 – Present
An active Industry (non-public) FINRA Arbitrator, I am open to hear cases across the United States. I have successfully completed FINRA's Arbitrator's Chairperson's examination along with various other FINRA Arbitration training. An Arbitrator's objective is to render a final and binding decision between disputing investors, employees, and securities firms. Arbitrators serve as decision makers, carefully weighing the facts of each case presented. FINRA Arbitrators provide a fair, impartial, and an efficient system of dispute resolution.
A National Futures Association (NFA) Dispute Resolution Arbitrator. I serve as a decision maker between disputing investors and member firms, customers, and employees on futures, commodities, and forex issues. The National Futures Association (NFA) is an independent self-regulatory organization (SRO) and watchdog of the commodities and futures industry in the United States. The NFA oversees and protects investors from fraudulent commodities and futures activities. The NFA provides mediation and arbitration for resolving consumer complaints.
Successfully completed FINRA & NFA securities and commodities examinations, but no longer affiliated with a FINRA &NFA member organization. Past and Present licenses:
- General Securities Principal - Series 24
- Registered Options Principal - Series 4
- Securities Representative - Series 7
- Uniformed Combined State Law - Series 66
- Uniformed Agent State Law - Series 63
- Municipal Fund Securities Principal - Series 51
- Futures and Commodities - Series 3
- Eight FINRA Arbitrator's examination
- Completed FINRA's Arbitrator's Chairperson examination
- Qualified Neutral under Rule 114 of the Minnesota General Rules of Practice (Civil Adjudicative/Evaluative) Arbitration
- Qualified Neutral under Rule 114 of the Minnesota General Rules of Practice (Civil Facilitative/Hybrid) Mediation
- Licensed Life & Health Insurance Agent since 1982
- Licensed Life, Annuity, Long Term Care Insurance Agency
Legal Experience & Services
Mitchell Hamline University Law School - St. Paul, MN - Arbitration & Mediation Certificates
U.S. Arbitration Law and Practice
Program covered the following topics: U.S. Arbitration Law, Arbitration Agreements, Enforcement of Awards, U.S. Statutes on Arbitration, Arbitration and Federalism, Freedom of Contract, Arbitrator Sovereignty, and Statutory Arbitrability, Forms of Arbitration, Enforcement of Arbitration Awards and a course on Minnesota ADR Rule 114 and applicable MN Statutes.
Mr. Lawson is not an attorney and Barrington Capital Management, Inc., is not a law firm and neither Mr. Lawson nor Barrington Capital Management, Inc. provide legal or tax advice.
Member: Securities Experts Roundtable - Board Member
Member: Chair - Minnesota State Bar Association ADR Membership Council
Member: Twin Cities Association of Certified Fraud Examiners
Member: Association of Certified Fraud Examiners
Member: FINRA Dispute Resolution Board of Arbitrators
Member: Thomson Reuters Expert Witness Roster
Member: Association of Certified Fraud Examiners
Member: Financial Planning Association of Minnesota and National Chapters
Certified Fraud Examiner CFE®
Accredited Investment Fiduciary AIF®
Qualified through the National Arbitration and Mediation Committee - FINRA
Qualified Neutral under Rule 114 of the Minnesota General Rules of Practice (Adjudicative & Evaluative) Arbitration
Qualified Neutral under Rule 114 of the Minnesota General Rules of Practice (Civil Facilitative/Hybrid) Mediation
Arbitrator - FINRA & NFA
No longer affiliated with a FINRA and NFA firms, but successfully completed the following examinations:
FINRA Registered Securities Principal - Series 24
FINRA Registered Options Principal - Series 4
FINRA Registered General Securities - Series 7
FINRA Registered Municipal Securities Fund Principal - Series 51
Uniform Combined State Law Examination -Series 66
FINRA State Law Examination - Series 63
Futures & Commodities - Series 3
Registered Financial Consultant, RFC®
Life Underwriter Training Council Fellow, LUTCF
Licensed Life and Annuity Insurance Agent
* FINRA licenses are no longer active
Awards & Honors
An A.M. Best Company "Recommended" Expert Service Provider - 2013-2017
2014 Alternative Investment Award - Wealth & Finance International Magazine
Nominated by Financial Advisor Magazine to the 2nd Annual Financial Advisor Magazine/Private Wealth Manger - 2012
Judge - Better Business Bureau of Minnesota Torch Award for Ethics - August 2015
Judge - Better Business Bureau of Minnesota Torch Award for Ethics - October 2016
Nominated as a FIVE STAR WEALTH MANAGER - 2008 - 2015
Barrington Capital Management, Inc. is an Accredited "A+" Rating" member from the BBB of Minnesota since 2003
Nominated for the 2010, 2011 and 2012 Minnesota Business Ethics Award
Seminars & Training
SEAK, Inc. Expert Witness Training - April 2012-2017
* Direct Examination: What Lawyers Want from their Expert
* Effective Use of Demonstrative Evidence
* Expert Witness Preparation for Trial: Direct and Cross-Examination
* How and Why Expert Witnesses Get Disqualified
* How to Survive and Thrive in Large & Complex Cases: Trials and Tribulations
* Credibility: Creating It; Keeping It Under Cross-Examination
* How to Write an Exceptional Expert Witness Report
* Experts Going on the Offensive During Cross-Examination
Association of Certified Fraud Examiners Training - 2014 (CFE)
* Investment Fraud & Abuse Schemes
* Securities Fraud Investigation
* Investigation Techniques
* Computer Forensic Evidence in Civil Litigation
* Law Related to Fraud
* Financial Transactions and Fraud Schemes
* Fraud Prevention and Deterrence
* Credit Card Auditing & Feeder Funds Investigations
* Restorative Justice Training - CMRS, Inc. - 2014
SEAK Expert Witness Training - Chicago, IL 2012
SEAK Expert Witness Training - Orlando, FL 2014
SEAK Expert Witness Training - Washington, DC 2015
SEAK Expert Witness Training - Chicago, IL 2016
FINRA Dispute Resolution Arbitration Training - FINRA - Minneapolis, MN 2009
Successfully completed specialized FINRA arbitration examinations:
* Dispute Resolution: An Arbitrators Duty to Disclose
* Dispute Resolution: Basic Arbitration Training
* Dispute Resolution: Direct Communication Rule
* Dispute Resolution: Discovery: Abuses & Sanctions
* Dispute Resolution: Expungement
* Dispute Resolution: Pre-hearing Stage & Initial Pre-hearing
* Dispute Resolution: Chairperson Examination
* Annuity & Life Insurance Expert
* Life Underwriter Training Council Fellow (LUTCF)
* Point & Figure Technical Analysis Instructor
* Social Security Planning Instructor
* Stock & Index Option Instructor
* High Value Employee Stock Option
Upper Midwest Securities and Enforcement Forum - June 2011, 2013
FINRA District # 4 Compliance and Regulatory Conference
Q. Is it prudent to retain a competent Expert Witness?
A. A Registered Representative can testify they followed the firm's Written Supervisory Procedures (WSP) to the letter, but they have assets to protect. The "growth oriented" claimant can testify they suffered losses during a market meltdown, but they too, have financial assets to protect and/or gain.
Q. Does a seasoned securities attorney require a securities expert witness for every case?
A. Depending on the experience of counsel, they may only require the services of an expert witness for complex cases to review the discovery and testimony. Counsel with limited securities experience typically requires additional assistance in analyzing the case and preparing for the FINRA Arbitration or Mediation hearing and particularly with settlement issues and case assessment. The services of a competent expert witness can be equally valuable for both sides.
Q. Why not simply utilize the services of Chief Compliance Officer or Branch Manager to serve as the expert witness?
A. These principals may be qualified, but their testimony is often times viewed as biased by FINRA Arbitration panels, and these "expert employees", frequently tend to side with the "house" thus providing an unbiased opinion, which can be problematic. Brokerage firms may think they are saving money by not retaining an expert witness, but this has proven to be a costly mistake in many cases.
Q. If the opposing side retains an expert witness, what message are they sending?
A. The message is crystal clear. The opposing party is coming fully prepared with expert testimony and documentation that could potentially put your side at a distinct disadvantage. However, by retaining a competent expert witness on your team, the probability of at least neutralizing conflicting and damaging opinions of the other side's expert witness is improved. Retaining an expert witness could provide the added edge that you may need to prevail on the case.
Please contact me for a list of professional references.
Hamline University School of Law - Dispute Resolution St. Paul, MN (Arbitration and Mediation)
U.S. Arbitration Law and Practice
Course covered the following topics: U.S. Arbitration Law, Arbitration Agreements, Enforcement of Awards, U.S. Statutes on Arbitration, Arbitration and Federalism, Freedom of Contract, Arbitrator Sovereignty, and Statutory Arbitrability, Forms of Arbitration, Enforcement of Arbitration Awards and a course on Minnesota ADR Rule 114 and applicable MN Statutes.
American College - Life Underwriter Training Council Fellow (LUTCF)
Articles Published by Bob Lawson, AIF®, CFE®, RFC®, LUTCF®
Selling Away: Broker-Dealer Liability for Selling Away Transactions
In the securities brokerage industry, "selling-away" refers to the prohibited practice of an Associated Person soliciting the sale of securities or investment products not approved with the broker is affiliated without prior written consent. In many instances, promoters of these products are marketing them as non-securities products that do not have to be sold through a broker-dealer by a registered person.Read Article
FINRA Code of Arbitration and Discovery Guidelines
FINRA encourages and emphasizes cooperation from both parties at all times regarding discovery requests.Read Article
Philosophy of an Expert Witness
While every Expert Witness may have a unique way of approaching a case, I have found that by following a few basic principles, it has helped me to maximize my efficiency and effectiveness as an Expert Witness and my approach could probably be a useful model for any Expert Witness in any field.Read Article
Five Questions You Should Always Ask Any Financial Advisor
The vast majority of the world's liquid investable wealth is in the hands of investment fiduciaries, and the success or failure of investment fiduciaries can have a material impact on the fiscal health of any country.Read Article
Independence and Preparation are the Keys to Success
Selecting the right Expert Witness and litigation consultant can be highly instrumental in the outcome of a case and I have summarized a few key points that should be addressed before any expert is retained. Improve the probability of a positive outcome by adding the right expert to your team.Read Article
Does Your Brokerage Firm Have Cyber Insurance? 10 Questions You Should Ask Your Broker
You have a right to know if your brokerage firm is serious about focusing their time and money on security measures, because the problem is only becoming greater each day. Here is a list of tough questions that you should ask your brokerage firm about their cyber security. If they don't have a good answer, maybe it is time to look for a new broker, because who cares more about your money than you? Nobody!Read Article