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Faraday Future Intelligent Electric Inc. (NASDAQ: FFIE) filed a Form 12b-25 notifying the Securities Exchange Commission that the Company is unable to file its Annual Report on Form 10-K for the year ended December 31, 2021 (the “Form 10-K”) within the prescribed time period, and does not expect to file it by the extended filing date pursuant to SEC Rule 12b-25, as a result of delays related to internal investigation work and remediation efforts.
On February 1, 2022, the Company filed a Current Report on Form 8-K (the “February 1 Form 8-K”) disclosing, among other things, that a special committee of independent directors of the Company (the “Special Committee”) had completed a previously announced independent investigation into allegations of inaccurate Company disclosures. Since then, the Company continues to implement the appropriate remedial actions approved by the Special Committee and continues the additional investigative work and remedial work as recommended by the Special Committee, under the direction of the Executive Chairperson and reporting to the Audit Committee of the Company’s Board of Directors. That work may result in further findings and remedial actions.
Sallah Astarita & Cox is a national securities law firm comprised of former SEC Staff Attorneys and Broker-Dealer Attorneys. Securities enforcement matters handled nationwide – call 212-509-6544 for more information
The Securities and Exchange Commission’s Division of Examinations today announced its 2022 examination priorities, including several significant areas of focus and many perennial risk areas. The Division will focus on private funds, environmental, social…
As the proposed class action complaint against Morgan Stanley for its deferred compensation program winds its way through the Courts, former Morgan Stanley brokers are asking if they are better served by filing their own claims in arbitration.
In many cases, the answer is yes.
Delays in Court Cases
The proposed class action was filed in New York in December 2021. As of today, March 30, the defendants have still not filed an answer, after three months.
The Morgan Stanley defendants instead filed a motion to compel arbitration, arguing that the claims need to be heard in a FINRA arbitration. While the parties wait for the judge to decide the motion, the case is stayed. Nothing is happening.
If the case had been filed as an arbitration, by now arbitrators would have been appointed, and a hearing date set, probably for December 2022.
Court vs. Arbitration
While there are numerous reasons to file this case as a class action, there are always issues with class actions, and issues with bringing cases in court. Most of those issues are time and money.
I have represented parties in sophisticated federal court litigation, and in hundreds of FINRA arbitrations. There is no doubt that court is better for some cases, particularly where extensive discovery is needed from the other side. Arbitration just isn’t the forum if you need lots of documents or testimony from the other side.
However, the Deferred Compensation cases are based on documents we already have – our client’s compensation reports, and the plans themselves.
Arbitration is at least as fair as court, and certainly more expeditious. Brokers realize that and we are receiving calls from former Morgan Stanley brokers whose deferred compensation was withheld when they resigned from Morgan Stanley.
More Information
We are interested in speaking to other former Morgan Stanley brokers, as well as former Wells Fargo brokers regarding their experience with the deferred compensation programs.
Call our firm at 212-509-6544 or email us at mja@sallahlaw.com.We represent advisors in all 50 states.
We are investigating claims for Morgan Stanley advisors who were denied their deferred compensaton payments when they left the firm. There is a proposed class action pending, but individual advisors may be better served by bringing their individual claims as FINRA arbitrations. We are reviewing claims for a number of former Morgan Stanley advisors, and are interested in speaking to others who have been denied compensation.
Give me a call at 212-509-6544, we represent advisors in all 50 states.
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