UBS Seeks to Overturn $95 Million FINRA Award Over Tesla Shorting Strategy

Posted on June 5th, 2025 at 10:54 AM
UBS Seeks to Overturn $95 Million FINRA Award Over Tesla Shorting Strategy

From the desk of Jim Eccleston at Eccleston Law

UBS Wealth Management USA has filed a petition in federal court to vacate a nearly $95 million FINRA arbitration award, arguing the decision overstepped legal bounds and imposed punitive damages that defy Iowa law, as reported by AdvisorHub.

The case stems from allegedly unsuitable investment advice provided by UBS veteran Andrew Burish. According to the arbitration award issued in February, Burish encouraged a wealthy family to short Tesla stock during 2019 and 2020—an aggressive, high-risk strategy. AdvisorHub reports that the panel found that Burish continued recommending the strategy even as the investors faced significant losses. As a result, the arbitrators ordered UBS to pay $92.2 million in total, with Burish personally liable for nearly $3.1 million.

UBS claims the award exceeds the authority granted to the panel under the Federal Arbitration Act. The firm argues that the nearly $70 million in punitive damages is grossly disproportionate and inconsistent with Iowa’s public policy, especially since the investors had only sought $36 million in total damages. According to AdvisorHub, UBS asserts that a punitive award matching the $23 million in compensatory damages would be more appropriate. Alternatively, the firm asks the court to vacate the entire award.

While UBS presses its case in court, legal experts note that efforts to overturn arbitration awards face a high bar. According to AdvisorHub, courts generally show strong deference to FINRA panels and rarely finds punitive damages excessive unless they far surpass compensatory amounts.

 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: eccleston, eccleston law, finra

Return to Archive

TESTIMONIALS

Previous
Next

I just wanted to say thanks again for preparing and executing my case in such a professional manner. It was a pleasure to watch two professionals take such pride in their work, as well as becoming personally in tune with your client (Me). I would personally recommend you and your firm to anyone.

John O.

LATEST NEWS AND ARTICLES

December 12, 2025
SEC Charges Driver Who Posed as a Financial Professional and Lost Over $1 Million

Federal regulators charged a New York area driver with masquerading as a seasoned investment professional and causing significant losses for three investors.

December 11, 2025
DOJ Secures Five-Year Prison Sentence in Wolf Capital Crypto Fraud Case

Federal prosecutors have obtained a five-year prison sentence for Travis Ford, an Oklahoma resident who admitted to orchestrating a fraudulent crypto investment scheme through Wolf Capital.

December 10, 2025
SEC Highlights Rising Risks in RIA Consolidation and Focuses on Retailer Investor Protection

The Securities and Exchange Commission signaled heightened scrutiny of investment advisers involved in mergers and acquisitions, according to its newly released 2026 Examination Priorities.