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Duo Losing to Merrill Lynch in Arbitration Find Chair Worked For Merrill So SDNY Suit

By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag

SDNY COURTHOUSE, April 10 – Adam and Daniel Kaplan lost to Merrill Lynch before to three person panel of FINRA Deputy Resolution Services arbitrators.

Then they found out that the chair of panel, Andrew Schmertz, had previously been employed by Merrill. They filed a lawsuit to vacate the arbitral decision.         

          On April 8, U.S. District Court for the Southern District of New York Judge Edgardo Ramos held a proceeding. Inner City Press covered it. 

 Merrill Lynch is arguing that it was not timely served, that an email to its lawyer is not enough, citing Martin v. Deutsche Bank Securities Inc. 676 Fed. Appx. 27 (2d Cir. 2017) (summary order).

This case is Kaplan et al v. Merrill Lynch, Pierce, Fenner & Smith Inc., 22-cv-1333 (Ramos) 

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