Blog by Bill Singer Esq WEEK IN REVIEW

July 10, 2021
In the most general of terms, lies told in order to injure others are bad, are never justified, whatever may be said of other kinds of lies. Put that way, it seems clear how lawyers Alex Oh and Rudy Giuliani went astray. They lied -- she in a petty way and he in a grand way -- not to keep the peace but to inflict harm. Oh lied to attack her adversary. Giuliani lied to promote a false narrative that helped incite an insurrectionist mob.
In the world of employment litigation, courts often cite the time-honored legal doctrine of "woulda, coulda, shoulda" when dismissing a disgruntled employee's claims. In some cases, the hiring of a lawyer woulda, coulda, shoulda avoided the belated filing or the inarticulate pleading, but, then again, many a pro se litigant will explain that they woulda hired a lawyer if they coulda afforded the fees and shoulda done so but for the fact that they lacked the means. A recent employment lawsuit against JP Morgan / Chase brings all of this into focus.
Once upon a time in Wall Street Regulationland we had so-called "leveraged and inverse" ETFs; now, we have Non-Traditional Exchange Trade Funds (NT-ETFs), which have become FINRA's unloved stepchild. Because of the risks and the complexity of these exotic ETFs, FINRA deems them unsuitable for most retail investors when the investment is held beyond one trading day. Somewhat lost in FINRA's hostility seems to be a recognition, grudging as it might be, that NT-ETFs are legal, approved, and regularly traded. If I want to hold an NT-ETF for two or more trading days, what's it to you? Sometimes I even drink what's in a container of milk beyond the printed expiration date.
Sometime in 2012, Houston Byrd Jr. engaged Wayne Farnsworth, Jr., Brad D. Farnsworth, and Valmark Securities, Inc. to provide him with financial advice and investment services; and in furtherance of that relationship, Byrd wound up purchasing an AIG variable annuity in his Individual Retirement Account. Sadly, the relationship among the parties became contentious and on April 28, 2017, Byrd was informed that no further investments services would be rendered to him and, in essence: Take your business elsewhere. That elsewhere was FINRA's Ombudsman's Office and federal court.