Biography

Michael Schwartzberg is co-managing partner of Winget, Spadafora & Schwartzberg, LLP, and Chair of the firm’s Financial Services Litigation and Regulatory Group. Mr. Schwartzberg’s practice focuses primarily on the litigation and arbitration of corporate and commercial disputes, with an emphasis on securities-related claims. Mr. Schwartzberg has substantial experience representing securities broker-dealers, registered investment advisors, registered representatives and other professionals throughout the United States in a wide array of customer and industry disputes before the Financial Industry Regulatory Authority (“FINRA”), as well as various state and federal courts. In addition, Mr. Schwartzberg has substantial experience handling regulatory investigations and proceedings, as well as advising clients on securities industry agreements. Mr. Schwartzberg is also a frequent lecturer on topics and developments in the securities industry, including the Practising Law Institute (“PLI”), the annual FSI conference and numerous client-sponsored seminars.

Alerts

• “FINRA Proposes Significant Amendments to Expungement Rules,” WSSLLP Alert, August 15, 2022
• “FINRA Publishes Independent Counsel’s Report Finding No Evidence of Improper Agreement to Remove Arbitrators from Cases,” WSSLLP Alert, July 5, 2022
• “Regulators’ $200 Million Fine Against JPMorgan Signals Aggressive Campaign to Enforce Electronic Communication Policies and Procedures,” WSSLLP Alert, January 20, 2022

Seminars

• “The Evolving Regulatory Perspective and Its Impact on the Risk vs. Growth Balance.” FSI One Voice Conference 2023, January 23-25, 2023
• “Battle of The Experts: Round 2, An In-Depth Discussion Between Two Opposing Experts in The Context of Securities Litigation and Regulatory Investigations,” IBDC-RIAC Spotlight Webinar Series, December 14, 2021
• “Supervision of Outside RIAs,” IBDC Risk Management Conference, September 14, 2021
• “Securities Arbitration & Mediation Hot Topics 2019,” New York City Bar Association, May 21, 2019
• “Limiting Litigation Exposure: Learning From Recent Cases,” IMN Annual Western Non-Traded REIT & Retail Alternative Investment Symposium, December 5-6, 2018
• “The New FINRA Suitability Rules, ” FSI OneVoice Conference 2013, January 28-30, 2013
• “The Next Wave of FINRA Claims,” 6th Annual National Errors & Omissions Liability ExecuSummit, June 12-13, 2012
• “Securities Arbitration in the Market Meltdown Era: Achieving Fairness in Perception and Reality,” Practising Law Institute, August 12, 2009
• “The Fast Changing Landscape of FINRA Arbitration: Current Trends, Recent Rule Changes and Defense Strategies,” Lancer Claims Department, August 4, 2009
• “Managing the Recruiting and Transition Process: From Initial Approach Through the First 90 Days,” FSI OneVoice Conference 2008
• “An Examination of Best Practices in Connection with Section 72(t) of the Internal Revenue Code and Viatical Life Settlements,” Financial Services Institute Webinar, September 26, 2007

Publications

• “Department of Labor’s Fiduciary Rule,” PLUS Journal, July 2016
• “The Status of Control Person Liability in the Era of FINRA’s New Motion to Dismiss Rule,” Practising Law Institute, August 12, 2009
• “Think the Right to Arbitrate has been Waived? Think Again!” Practising Law Institute, August 6, 2008

Associated Posts

• U.S. SUPREME COURT CLAWS BACK SEC’S ENFORCEMENT POWERS
• SEC Sanctions Investment Advisor $10 Million Over Standard Non-Disclosure Provisions That SEC Found to Have Violated Its Whistleblower Protection Rules
• SEC Approves Changes to FINRA Expungement Rules
• Michael Schwartzberg to Speak on a Panel at the Financial Services Institute’s OneVoice Conference
• FINRA Proposes Significant Amendments to Expungement Rules
• FINRA Publishes Independent Counsel’s Report Finding No Evidence of Improper Agreement to Remove Arbitrators from Cases
• Regulators’ $200 Million Fine Against JPMorgan Signals Aggressive Campaign to Enforce Electronic Communication Policies and Procedures
• WSSLLP Speaking at 2021 IBDC Risk Management Conference
• WSS Obtains Complete Dismissal of Class Action Arising From Alleged $1.6 Billion GPB Ponzi Scheme
• Potential Claims Related to LJM Preservation and Growth Fund Collapse
• Potential Claims Related to Future Income Payments
• FINRA Implements New Outside Business Activity Rule
• FINRA Regulatory Notice 18-13
• Department of Labor – Fiduciary Rule UPDATE