Commercial Litigation

Our attorneys have extensive experience representing companies, financial institutions, financial advisers, investors and others in securities-related lawsuits and arbitration proceedings. Matters defended by the firm’s attorneys include actions brought under Rule 10(b)(5) and other provisions of state and federal securities and commodities laws, and arbitrations before the Financial Industry Regulatory Authority (FINRA), National Futures Association (NFA) and the American Arbitration Association, including customer claims, employee claims, “raiding” cases, shareholder disputes, the exclusion or modification of improper shareholder proposals, clearing disputes and regulatory investigations.

Our attorneys have handled matters before FINRA, including arbitration, mediation and investigations. Following are several examples:

  • The successful defense of broker-dealers and individual registrants in FINRA and NFA arbitration proceedings, including industry disputes involving “raiding,” employment disputes and promissory note litigation.
  • The protection of an investor class of litigants/registrants in the bankruptcy of California-based stockbroker school, including disposition of claims before FINRA and coordination with state securities regulators.
  • Representation of institutional money managers, underwriters and issuers in connection with arbitration and mediation concerning offerings of corporate bonds and disposition of claims in bankruptcy court, including matters related to bond rating downgrades.

Our attorneys have also handled investment-related litigation in the following matters:

  • Defense of institutional investment managers in redemption freeze issues.
  • Representation of substantial creditors in Securities Investor Protection Corporation (SIPC) proceedings of broker-dealers, including disposition of claims before FINRA and in SIPC proceedings, and coordination with state and federal regulators and law enforcement.
  • Representation of bank broker-dealer in receivership proceedings against bond issuer to recover funds gathered under fraudulent offering used to facilitate a Ponzi scheme.
  • Representation of broker-dealers, investment advisers and futures trading firms in bankruptcies of registered individuals, including coordination with SEC and FINRA on enforcement and receivership matters related to such individuals.
  • Representation in bankruptcies of futures commodities merchants and introducing brokers.
  • Special counsel to the liquidating agent of GunnAllen Financial, Inc. in its bankruptcy in Florida.
  • Representation in bankruptcy of broker-dealer concerning control person liability claims.
  • Representation of industry participants and others to recover escheated property of bankrupt issuers, investment managers, broker-dealers and individual registrants in various jurisdictions.

In regards to regulatory and enforcement matters in the securities and commodities arenas, our attorneys have handled matters including:

  • Representation in SEC receiverships of broker-dealers and investment advisors.
  • Defense of broker-dealers, financial advisors and registrants in enforcement and disciplinary matters before FINRA, SEC, NFA, CFTC, state securities regulators and other self-regulatory organizations, including coordination with criminal defense counsel.
  • Representation of investment advisers in connection with examination of tax-shelter activities by federal regulators and related litigation.
  • Ongoing representation of broker-dealers, investment advisers and futures firms on compliance and regulatory audits/inspections.
Securities Litigation