On February 26, 2026, the Supreme Court of Virginia issued a precedential opinion in Garofalo v. Di Vincenzo, affirming a $2 million FINRA arbitration award in favor of SECIL Law PLLC client Jayne Di Vincenzo CFP®, ChFC®, CEP®, AIF®.
In the underlying FINRA arbitration (FINRA Case No. 20-03366), the Panel awarded Ms. Di Vincenzo more than $2 million in compensatory damages, attorneys’ fees, and costs arising from the sale of her business. She was represented in the arbitration by Janet K DeCosta, now with SECIL Law PLLC, assisted by Virginia attorney, Henry Willett of Christian & Barton, LLP.
The respondent sought to vacate the award, arguing "evident partiality" by one of the arbitrators. In a case of first impression under the Virginia Uniform Arbitration Act, the Supreme Court held that a party seeking vacatur must show that a reasonable person, knowing all relevant facts, would conclude that the arbitrator’s conduct signifies obvious bias.
Applying that exacting standard, the Court affirmed the award — reinforcing the finality of arbitration and rejecting post-hoc efforts to overturn valid arbitral decisions.
SECIL Law PLLC congratulates Ms. Di Vincenzo and her appellate counsel, Henry Willett, on successfully defending the award before the Supreme Court of Virginia.
This decision provides important clarity for parties engaged in arbitration in Virginia and underscores the narrow grounds on which courts will disturb a final award.
