FKSA Wins NASD Arbitration Against Merrill Lynch

FKSA recently won an NASD arbitration on behalf of Corporacion Financiera del Valle, an investment bank now known as Corficolombiana. The dispute concerned Merrill Lynch's loss of two promissory notes issued by a Mexican company. Shortly before the notes matured, Merrill Lynch sent the original notes directly to the issuer in Mexico by FedEx. The issuer, which was in financial distress at the time and ultimately entered bankruptcy proceedings in Mexico, claimed that it never received the notes. FKSA commenced an arbitration before the NASD seeking to recover against Merrill Lynch for delivering the notes without authorization, in violation of the client's customer agreement with Merrill Lynch. A three-person panel, after four days of hearings, awarded Corficolombiana more than $1.9 million.

Litigation partner Robert J. Lack and associate Amy C. Brown represented Corficolombiana in the arbitration.

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