Securities Arbitration and Litigation
We have a 25-year track record of winning cases that can be matched by few firms of our size. With a dedicated focus on the financial services arena, we represent broker-dealers, registered representatives and other industry participants in a broad spectrum of securities disputes in court and in FINRA arbitration. Our founding partner has personally tried approximately 150 FINRA arbitrations and has a lengthy record of success in those matters that have been tried to verdict. Our founding partner has also litigated sales practice disputes of virtually every type, encompassing a wide variety of products, including equities, fixed income, options, commodities, mutual funds, hedge funds, limited partnerships, real estate investment trusts and structured products, as well as clearing disputes.
As a boutique law firm, we avoid many of the conflicts faced by larger law firms. This flexibility enables us to represent both large and small firms, along with claims in which one broker-dealer is adverse to another. Our founding partner is a former prosecutor and branch manager for several large brokerage firms, and formerly served as in-house counsel for three large NYSE-member broker-dealers. This in-the-trenches experience provides unique insight to our advocacy.
Employment Law Disputes
Employment claims brought by securities industry participants involve issues unique to the securities industry. Having represented broker-dealers and registered representatives, we have substantial experience with these disputes and have prosecuted claims for Form U5 expungement, enforcement of employee loans, and broker-dealer raiding.
Over the past six years, our principal attorney has obtained arbitration awards on behalf J.P. Morgan Securities LLC, inclusive of interest and attorney’s fees, in cases where the financial advisor was either the claimant or counterclaimant and was seeking millions of dollars in damages based upon claims that the firm had “burned” his book, breached the employment contract and/or fraudulently induced the financial advisor to leave his prior firm and join J.P. Morgan Securities.
FINRA Case No. 11-02335 - J.P. Morgan Securities, LLC vs. Keith Paul Melanson
FINRA Case No. 12-02244 - Joseph Ellison vs. J.P. Morgan Securities LLC et al.
Securities Regulatory and Enforcement Defense
On behalf of broker-dealers, registered representatives and investment advisers, we provide comprehensive counsel to defend clients facing investigations and enforcement proceedings, particularly those that involve allegations of market timing, record-keeping violations and assorted FINRA rule violations. We have appeared before FINRA, the New York Stock Exchange and state agencies.
Our founding member’s in-house legal experience at three New York Stock Exchange member firms guides our approach; we are successful when the regulatory scrutiny is concluded without further action and our clients can focus on continued success in their business dealings.
We handle commercial litigation from inception through trial and have substantial experience with disputes resolved in arbitration. We handle these matters in a cost-efficient manner and remain willing to explore retention on a capped, hybrid or flat-fee basis. We represent clients in a variety of commercial litigation disputes, including:
Breach of contract
Business torts, including self-dealing, breach of fiduciary duty, interference with contractual or business relations
Partner and shareholder disputes
Disputes arising from non-competition or non-solicitation agreements
Employment Agreement disputes
Bear, Stearns & Co. vs. UBS Financial Services, FINRA Case No. 07-03484. Won $4.2 million dollars on behalf of Bear Stearns arising out of an investment banking fee dispute.