Archive for the ‘Hamburger Law Firm’ Category

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Thursday, March 2nd, 2017

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FINRA Arbitration Proposed Changes

Wednesday, February 24th, 2016

Rounding out 2015, FINRA’s Arbitration Task Force issued its Final Report regarding improvements to the SRO’s arbitration of customer cases. Despite its focus on such cases, many of the changes recommended by the Task Force easily impact industry related disputes as well. Agreeing on 51 recommendations, the most significant relate to improving confidence in arbitrator qualification and perceived confidence in the forum.

Intended to improve the arbitrator pool, the Task Force cited FINRA’s below-market-rate compensation as its major challenge. Conceding FINRA could not bring its arbitrator compensation in line with non-SRO forums such as the AAA (widely respected to offer generally high quality arbitrators), it sought to couple its recommended modest increase, with a robust recruitment effort based on gender and race based qualifications. Notably, none of the recommendations focused on improved screening of arbitrators to identify augmented skill sets advantageous to actually improve their qualifications.

Taking another indirect path toward improving the quality of decision making, and increased consistency among awards, the Task Force recommended increased use of explained decisions. Currently, explained decisions must be requested by all parties to a case, and are used in less than one percent of eligible cases. However, the report concedes that before implementing such a change, arbitrator’s competency to write such decisions could be a challenge. (One would think they would look to actually improve the arbitrator pool to overcome the issue.)

To streamline discovery in customer initiated cases, the report urges that all insurance policies that may provide coverage of a claimant’s claim be presumptively discoverable. This was seemingly conceived in a vacuum, and places the disclosure of policy limits ahead of any finding of liability, substantially impairing the ability to effectively negotiate settlements, particularly where multiple claims are made against the same policy.

As FINRA gains momentum increasing public awareness of BrokerCheck, more brokers use FINRA’s arbitration forum to expunge (or clean up) their records. The Task Force report disclosed that FINRA and NASAA are in the process of exploring whether to convert the expungement process into a regulatory procedure. While that likely won’t make it any easier to clean up damaged records, for now, the Task Force recommended a specially trained pool of arbitrators handle expungement cases. A bright spot of the report, at least they were recommending training.

Mark Cuban Takes On Snapchat With New Messaging App (and how his run-in with the SEC inspired it)

Saturday, October 11th, 2014

This is a great CNBC interview with 2014 MC Summit key-note speaker Marc Cuban related to his investment in Cyber Dust.  In the interview, he mentions his run-in with the SEC and how it inspired his interest in Cyber Dust.

http://www.cnbc.com/id/101952557

“I had my little fun with the SEC, and what happened was, every message I sent, everything that I wrote, they decided to create their own context,” he said Wednesday. “If I said, ‘The sky was blue,’ they said, ‘You didn’t really mean that. You were just trying to fool us.’ When I said, ‘I hate to lose,’ in reference to Mavericks games, they said, ‘So, you hate to lose. You’re not willing to take a loss on a share trade.’ I mean, it was just ridiculous. And so it made me realize, along with just other experiences, when you hit ‘send’ on a text, you lose ownership of that. Not only do you lose ownership, you retain responsibility for that text.”

Mark Cuban Takes On Snapchat With New Messaging App (and how his run-in with the SEC inspried it)

Saturday, October 11th, 2014

This is a great CNBC interview with 2014 MC Summit key-note speaker Marc Cuban related to his investment in Cyber Dust.  In the interview, he mentions his run-in with the SEC how it inspired his interest in Cyber Dust.

http://www.cnbc.com/id/101952557

“I had my little fun with the SEC, and what happened was, every message I sent, everything that I wrote, they decided to create their own context,” he said Wednesday. “If I said, ‘The sky was blue,’ they said, ‘You didn’t really mean that. You were just trying to fool us.’ When I said, ‘I hate to lose,’ in reference to Mavericks games, they said, ‘So, you hate to lose. You’re not willing to take a loss on a share trade.’ I mean, it was just ridiculous. And so it made me realize, along with just other experiences, when you hit ‘send’ on a text, you lose ownership of that. Not only do you lose ownership, you retain responsibility for that text.”

10 Ways Entrepreneurs Think Differently

Saturday, October 11th, 2014

This entrepreneur.com article hits the mark in terms of how entrepreneurs think.

http://www.entrepreneur.com/article/237547

What The Innovator Sees That Others Don’t See

Wednesday, August 27th, 2014

Very interesting forbes.com post on innovators vs. traditionalist. http://www.forbes.com/sites/robasghar/2014/08/26/what-the-innovator-sees-that-others-dont-see/. What is the difference, according to the author?

“The innovator looks for the shortest route between two points. The traditionalist looks for the most socially acceptable route between two points.

The innovator thinks about what would work in a particular situation. The traditionalist thinks about what would others would say about his idea.

In the end, the traditionalist wants to earn prestige. The innovator just wants to get stuff done.”

How Great Leaders Think

Sunday, August 24th, 2014

This inc.com article including video interviews with Srikumar Rao provides great insight for entrepreneurs and other business leaders on how to deal with stress and be truly content. http://www.inc.com/graham-winfrey/how-to-respond-when-your-business-bottoms-out.html. We had Professor Rao as a speaker at an Entrepreneurs’ Organization event recently and he was a compelling speaker and teacher.  I particularly like the video segment on Why Positive Thinking Is Overrated.

Why there aren’t enough businesswomen at the top, and what Sallie Krawcheck’s doing about it

Friday, August 8th, 2014

This pbs.org interview with 2014 MC Summit keynote speaker Sallie Krawcheck discusses her purchase of 85 Broads and rebranding of it to Ellevate, the state of access for women to key executive positions and her personal journey as a women and top financial services industry executive.  It provides some great insights. http://www.pbs.org/newshour/making-sense/arent-enough-businesswomen-top-sallie-krawchecks/#.U-ImydeVRXs.email

 

5 Stern Truths You Need to Know Before Becoming an Entrepreneur

Friday, August 8th, 2014

This great entrepreneur.com post: http://www.entrepreneur.com/article/236055 discusses “5 stern truths.”  We list them below with Corey Kupfer’s comments on each.

1. Failure is the only thing guaranteed.  “Agreed, one of my favorite pieces of entrepreneurial advice is ‘fail forward fast.’  In my almost 30 years of representing entrepreneurs and my over 6 years as an Entrepreneurs’ Organization member, the most successful companies I have seen are not afraid to fail.  They take action, learn, iterate, improve and take more action.”

2. Habits trump inspiration. “This is a great one that I had not heard expressed that way before.  Building on that, I would add that ‘systems are the habits of organizations’.”

3. Resourcefulness is the ultimate resource.  “Absolutely!  Those who say I can’t start or grow that business because I don’t have capital or I don’t have access to X are not true entrepreneurs.  True entrepreneurs find a way.  I started my firm in 1992 from my studio apartment, paying my rent on credit cards, with a $65/mo. phone and mail service company and renting a conference room by the hour for meetings.”

4. Your circle of influence will make or break you.  “Great entrepreneurs learn early that they can’t do it alone.  In my mind, the best ways to build your circle of influence is to be of service to key influencers with no expectation of anything in return.”

5. It is not easy, but it is worth it.  “One of the things I often say is that it is a gift that we cannot see the whole entrepreneurial journey from the beginning because if we could we wouldn’t do it – it would seem way too daunting.  Instead, as entrepreneurs, we move forward, see the challenges and obstacles in stages, tackle them and move onto the next.  We then end up building something great and it is, definitely, worth it.”

 

 

The Secrets of Building a Scalable (and Sellable) Business

Monday, August 4th, 2014

This Inc.com article provides a good example of a business that found a way to scale in an industry in which many businesses do not. http://www.inc.com/articles/2010/05/building-a-sellable-business.html?utm_content=buffer8ca65&utm_medium=social&utm_source=linkedin.com&utm_campaign=buffer.  It discusses three key elements to scaling your business beyond yourself so its longevity isn’t completely tied to your ownership:  Teachable, Valuable and Repeatable.  Similar principles are addressed in one of the best books we know of regarding creating a scalable business – E-Myth Revisited by Michael Gerber.  If you haven’t read it, it is a must read.  If you have, you may want to read it again.  Hamburger Law Firm Partner, Corey Kupfer, spent time with Michael Gerber last year at an Entrepreneurs’ Organization event.  Gerber encouraged the EO members to reread the book, pay particular attention to the quotes at the beginning of each chapter and then to start reading the source materials from which those quotes arise.  He said that this would provide a better understanding of the teachings in the book which are much deeper than the surface-level summary of the book often characterized as ”Work on your business, not in your business.”