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Questions Answered by Steve A. Buchwalter
1 Answer | Asked in Arbitration / Mediation Law for California on
Q: How long does a Company have to pay me Back Pay and job back after winning in Arbitration?

The Union advised me that I will get my job back and back pay, it's been over 11 months now and nothing, Union keeps dragging their feet say the Company needs W2's, then update my Commercial License, etc.

Steve A. Buchwalter
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Steve A. Buchwalter
answered on Sep 27, 2022

I do not know how union arbitration awards are enforced. With a normal arbitration, the arbitration agreement or award says that the award can be confirmed as a judgment. In those cases, you would confirm the award as a judgment and enforce the judgment.

1 Answer | Asked in Banking, Business Formation, Securities Law and Stockbroker Fraud for California on
Q: Can I manage other people's money (money manager or portfolio manager) with only my series 65 license in California?
Steve A. Buchwalter
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Steve A. Buchwalter
answered on Sep 1, 2022

Anyone can allow you to manage their money. There are no requirements for you to do so. Having a business of, or charging for, managing someone else's money can a different story and is more complicated.

2 Answers | Asked in Securities Law and Stockbroker Fraud for California on
Q: My question pertains to potential breach of fiduciary responsibility by my financial advisor, Merrill Lynch.

I have been a client of Merrill Lynch (ML) for more than 20 years. Not until 3 months ago did any of my advisors at ML ever mention that I should be purchasing US Govt issued iBonds, as part of my portfolio, which in almost every year of my ML relationship have paid a substantially higher return... Read more »

Steve A. Buchwalter
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Steve A. Buchwalter
answered on Jul 28, 2022

The advice Mr. Neuman gave is good advice. If I may add a couple of thoughts. 1. Merrill does sell iBonds. They're a low commissioned product so they may not recommend them much. 2. I doubt your damages are as high as you think as you cannot buy more than $10,000 in iBonds a year. 3.... Read more »

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1 Answer | Asked in Arbitration / Mediation Law for California on
Q: What is the California process for an In Pro Per to execute Subpoenas in Arbitration? Is there Arbitration pro bono?
Steve A. Buchwalter
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Steve A. Buchwalter
answered on Jun 8, 2022

In California arbitrations, all subpoenas need to be executed by the arbitrator(s).

1 Answer | Asked in Securities Law for California on
Q: I am an interested party: 19CV1628 H Securities and Exchange Commission v. Champion-Cain et al How do I pursue recovery?

I became aware of the lawsuit just today when calling to office to check on my $250,000 investment. I was never informed of this proceeding, and not listed as an interested party on documentation. It is in receivership. What do you suggest I do as next steps? Please advise, thank you.

Steve A. Buchwalter
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Steve A. Buchwalter
answered on Sep 30, 2019

Contact a lawyer. You may want to notify the receiver. You may have claims against the managers and those who sold it to you. You should act sooner rather than later.

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law and Elder Law for California on
Q: We have evidence of elder financial abuse, self dealing, and perjury. What can we do?

This person, manipulated her father along with her husband, became POA, Caregiver and Trust executor. Self dealing, controlled all assists, withheld family from seeing their father.

Steve A. Buchwalter
PREMIUM
Steve A. Buchwalter
answered on Sep 15, 2019

I think you're in California. I would think you'd want to contact the Department of Adult Protective Services. There should be at least one office in each county. Then you should talk to a lawyer.

Q: Awarded full year of back pay from my job over a year & a half ago and still get no answers or explanation.

if there anything I can do to make them honor my Arbitration award for my back pay? They've done others since I've started my process also, but mines for some reason is in limbo.

Steve A. Buchwalter
PREMIUM
Steve A. Buchwalter
answered on Aug 23, 2019

Most arbitration awards can be turned into court judgments relatively easy. Once you have a judgment, you can collect on it as you would any judgment.

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2 Answers | Asked in Securities Law for California on
Q: I know that there are federal securities laws, but are there any that are state-specific to California that differ from

the federal ones?

Steve A. Buchwalter
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Steve A. Buchwalter
answered on Dec 11, 2018

Yes they do and they are stronger than the federal laws. They start at Corporations Code 25000

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3 Answers | Asked in Arbitration / Mediation Law for California on
Q: If the person doesn't pay the amount decided in arbitration, do we go back to arbitration, or sue in court?
Steve A. Buchwalter
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Steve A. Buchwalter
answered on Nov 26, 2018

Neither. An arbitration award can be turned into a judgement without suing. You ask the court to turn it into a judgment by filing a Petition to Confirm it as a judgment. Then you could collect on it as you wold any judgment

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2 Answers | Asked in Securities Law for California on
Q: My broker disappeared after I discovered fraudulent misrepresentations associated with my account. Who do I sue if I

don't know his current whereabouts?

Steve A. Buchwalter
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Steve A. Buchwalter
answered on Nov 20, 2018

If there is wrongdoing, the brokerage firm he was associated with would be responsible.

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3 Answers | Asked in Arbitration / Mediation Law for California on
Q: Is there a time limit on mediations in California, or can they go on forever if the parties disagree on everything?
Steve A. Buchwalter
PREMIUM
Steve A. Buchwalter
answered on Oct 2, 2018

In a mediation, the parties can set whatever ground rules they want, including time limits. In reality, mediations, even in complicated cases, do not last more than a day or two. If the parties sense that the case will not settle, parties may start walking away.

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1 Answer | Asked in Securities Law for California on
Q: Options were about to vest but the company went into bankruptcy, what do I do?
Steve A. Buchwalter
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Steve A. Buchwalter
answered on Sep 14, 2018

If your options are in the money, you may want to exercise them. If a stockbroker recommended the options without warning you about the companies financial condition, you may be able to sue. You'll need to talk to an attorney.

www.securitieslaw-attorney.com

1 Answer | Asked in Securities Law for California on
Q: What's the very first thing I should do if I have believe I have a securities claim?
Steve A. Buchwalter
PREMIUM
Steve A. Buchwalter
answered on Jul 17, 2018

Gather all your documents and put them is a safe place. Call an attorney to go over your case. Any attorney you talk to may ask you to write up a narrative (your story) as to what happened. It may be a good idea to start on that.

3 Answers | Asked in Arbitration / Mediation Law for California on
Q: Is there any way to appeal a decision by an arbitrator?
Steve A. Buchwalter
PREMIUM
Steve A. Buchwalter
answered on Jun 12, 2018

If certain narrow conditions are met, an arbitration award can be vacated or corrected by a court. If a court refuses to vacate or correct the award, the court's decision can be appealed. Act fast, you generally have around 3 months to file and serve the correct papers.

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1 Answer | Asked in Tax Law and Securities Law for California on
Q: I am a FINRA registered representative with several securities licenses and had a tax lien.

A tax lien was placed on my assets, then released, without my knowledge. My new employer wants me to have this recorded on my U4. Is there any way I can keep it off my U4?

Steve A. Buchwalter
PREMIUM
Steve A. Buchwalter
answered on Apr 25, 2018

Yes. Pursuant to question 14m on the form U4, only unsatisfied liens need to be reported.

1 Answer | Asked in Securities Law for California on
Q: How does the SEC deal with people who want to cash out millions of dollars they earned via Bitcoin? Is that regulated at

all?

Steve A. Buchwalter
PREMIUM
Steve A. Buchwalter
answered on Apr 25, 2018

The SEC does not regulate bitcoin. As far as I know, nobody does.

1 Answer | Asked in Securities Law for California on
Q: If I ask my broker if he's been previously sued for securities fraud, must he tell me the truth?
Steve A. Buchwalter
PREMIUM
Steve A. Buchwalter
answered on Apr 25, 2018

Yes. They are required to disclose such things. You can check for yourself if you go to www.finra.org and type your broker's name in the "Brokercheck" box.

2 Answers | Asked in Securities Law for California on
Q: What should I do if I believe I have a valid securities fraud claim, and my broker has gone totally MIA?
Steve A. Buchwalter
PREMIUM
Steve A. Buchwalter
answered on Apr 25, 2018

You can go after his firm. If there is a fraud, the broker's firm would be responsible.

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