ASLIN v. FINRA

No. 12-2250.

704 F.3d 475 (2013)

Neil J. ASLIN, Plaintiff-Appellant, v. FINANCIAL INDUSTRY REGULATORY AUTHORITY, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 2, 2013.


Attorney(s) appearing for the Case

Nicholas P. Iavarone (argued), Jennifer M. Muchoney , Attorneys, Iavarone Law Firm, Chicago, IL, for Plaintiff-Appellant.

Terri L. Reicher (argued), Attorney, National Association of Securities Dealers, Washington, DC, for Defendant-Appellee.

Before MANION, WILLIAMS, and HAMILTON, Circuit Judges.


HAMILTON, Circuit Judge.

On May 4, 2011, BEST Direct fired Neil Aslin from his job as a securities broker in order to remain compliant with a Financial Industry Regulatory Authority (FINRA) rule known as the "Taping Rule." The rule requires a securities firm to adopt significant monitoring measures when too many of its brokers have recently worked for "Disciplined Firms." Instead of adopting those monitoring measures, the employer also has the choice of terminating...

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