In a rare turn of events, FINRA has withdrawn its rule proposal for making reforms to the expungement process.  FINRA issued a statement after the withdrawal indicating that it would work with NASAA and other stakeholders to pursue “more fundamental changes to the expungement process.”

The surprising development is a bit of a mixed bag.  While it’s good that FINRA will be working to deliver a proposal addressing core problems with the existing expungement framework, the decision to withdraw the proposal leaves the status quo for the interim period.  Without a moratorium on expungements the process will continue to delete significant information about broker misconduct without any real adversarial scrutiny.  Hopefully, FINRA will move swiftly to propose some meaningful reform soon.

 

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Photo of Haskell Murray Haskell Murray

Professor Murray teaches business law, business ethics, and alternative dispute resolution courses to undergraduate and graduate students. Currently, his research focuses on corporate governance, mergers & acquisitions, sports law, and social entrepreneurship law issues.

Professor Murray is the 2018-19 President of the Southeastern…

Professor Murray teaches business law, business ethics, and alternative dispute resolution courses to undergraduate and graduate students. Currently, his research focuses on corporate governance, mergers & acquisitions, sports law, and social entrepreneurship law issues.

Professor Murray is the 2018-19 President of the Southeastern Academy of Legal Studies in Business (“SEALSB”) and is a co-editor of the Business Law Professor Blog. His articles have been published in a variety of journals, including the American Business Law Journal, the Delaware Journal of Corporate Law, the Harvard Business Law Review, and the Maryland Law Review. Read More