Financial regulators are treading into matters related to environment, social and governance, or ESG, at an unprecedented pace. But with conservative opponents pushing back, it isn’t clear how far regulators can go. You can learn more in my article today for Capital & Main.
Wall Street firms have been rushing to making commitments to racial justice since the death of George Floyd, but how do the same firms behave when a Black employee comes forward to complain about racism? The answer is discouraging. Black people who complain have been ostracized, harassed, threatened and fired after speaking up. And when they have their cases heard in Wall Street’s private arbitration forum, they lose almost all of the time. I wrote about these issues in an article for The Nation, published today.
You can read it here.
Women filed a wave of lawsuits and arbitrations against financial firms in the 1990s and early 2000s, disgusted by a culture of rampant sexual harassment and gender discrimination. The biggest cases of that era collectively drew thousands of participants in class actions and led to large settlements including $150 million against Smith Barney and $250 million against Merrill Lynch.
At a time when the long-term consequences of #MeToo on women’s careers is an open questions, I looked at court records, tracked down plaintiffs and spoke with a dozen employment lawyers to see how things had turned out for the women — and how things had turned out for the men who allegedly harassed them. My findings were sobering. You can read my story today for The Intercept here.
I was honored to hear today that The Society for Advancing Business Editing and Writing, known as Sabew, awarded me an honorable mention in its “Best in Business” competition in the investigative reporting category. My story, “Finra’s Black Hole,” looked at 30 years of brokerage industry arbitration records to see how women fared when they filed complaints about sexual harassment and gender discrimination. (Answer: Not very well). You can read my story here.
For victims of sexual harassment on Wall Street, the case of Kathleen Mary O’Brien was a bad omen.
In 1988, O’Brien, then a stockbroker at Dean Witter Reynolds, filed the earliest sexual harassment case we could find in a public database maintained by the Financial Industry Regulatory Authority, Wall Street’s self-governing organization, which is overseen by the Securities and Exchange Commission.
The year before, O’Brien had sued Dean Witter in Los Angeles Superior Court, but the brokerage firm successfully argued that she was legally bound to use Wall Street’s closed-door arbitration forum, then run by a FINRA predecessor, the National Association of Securities Dealers. The arbitrators’ decision in her case would turn out to be a common one in harassment cases over the following years: The claim was dismissed. The panel, offering no explanation as to how it came to the decision, charged her $3,000 in arbitration fees.
O’Brien’s case is one of 98 sexual harassment or hostile work environment claims and counterclaims made by women that The Intercept and the Investigative Fund found in the FINRA database over the past 30 years. You can read the full story here.
Do you keep an eye on activity in your brokerage account? Well, you should. Criminals are figuring out clever ways to dupe your stockbroker into wiring money out of your account. It usually happens after someone has hacked your email account, so it’s not a bad idea to consider using two-factor authorization on your email. If that sounds like too much of a hassle, you might consider reading the story I wrote today for CNBC.com. You can read it here.
The brokerage industry works hard to keep customer complaints out of public view, with aggressive firms fighting to remove grievances that sully their brokers’ records. The interminable campaign to sanitize the dossier of former Royal Alliance Associates broker Kathleen J. Tarr is a disheartening case in point. You can read the story here.
In August, eight investors were awarded $1.28 million in an arbitration against FSC Securities. But the firm hasn’t paid up and is mounting an aggressive defense. You can read about it in my latest column for TheStreet.com here.