Securities Arbitration & Litigation / Securities Regulation & Compliance

ARBITRATION & LITIGATION OF COMPLAINTS AGAINST THE FINANCIAL SERVICES INDUSTRY

Our securities attorneys frequently are chosen to represent prominent and high net worth investors, those who seek to recover significant losses and those who have more complex and sophisticated claims to prosecute.  Our long list of clients includes seniors targeted by high pressure sales tactics to purchase unsuitable and misrepresented insurance products, retirees victimized by imprudent retirement income planning, investors with illiquid auction-rate securities, and other investors, businesses, trustees, beneficiaries, and ERISA plan sponsors with claims against investment advisers, financial planners, stockbrokers, and insurance agents.
 
Our securities attorneys are strongly positioned to recover investor losses.  We are familiar with investment products and strategies, securities industry standards and operations, and FINRA arbitration and mediation procedures. We have recovered millions of dollars for individuals and institutions who have suffered investment losses due to the wrongful conduct of brokers and other investment professionals:
  • Recovered $2.7M for an investor in securities arbitration;
  • Recovered over $1M for an investor in securities mediation;
  • Recovered substantial damages for an investor against a trust company due to the trust company's failure to prudently invest, monitor and rebalance the investor's account;
  • Obtained one of the first securities arbitration awards against an online brokerage firm for mishandling a customer order and other sales practice violations;
  • Recovered substantial damages, including attorneys' fees, in a breach of fiduciary case against a major U.S. brokerage firm under ERISA; and,
  • Recovered substantial damages for a corporate executive and his wife arising from their adviser's failure to manage risk associated with a concentrated stock position resulting from the exercise of employee incentive stock options (ISOs).
While not everyone who has suffered investment losses has an actionable case, there are many instances when recovery of losses or consequential damages may be possible.  An experienced securities attorney, as opposed to a general practice or litigation attorney, is your best bet.  And, if you are an Illinois resident, you should not even consider hiring a securities lawyer located elsewhere.  Contact SNSFE attorneys to discuss your situation and determine your legal options as past awards are no guarantee of future success. 
    

REPRESENTATION OF SECURITIES INDUSTRY PROFESSIONALS

SNSFE provides counsel and representation to securities industry professionals in regulatory, compliance, disciplinary and employment matters before the SEC, FINRA, and state securities regulators throughout the U.S. and in arbitration forums and courts across the country:

  • Litigate or arbitrate U-5 defamation, discrimination, and wage and hour violations;
  • Negotiate and defend advisers relating to claims for compensation and benefits (such as deferred compensation);
  • Defend advisers against customer arbitration claims and regulatory actions;
  • Provide investment adviser regulation and compliance services, including preparing or customizing written policies and procedures, reviewing marketing and advertising materials, managing conflicts of interest and complying with recordkeeping requirements;
  • Provide an investment adviser annual review (audit) of policies and procedures, interviews with key personnel and attorney-client privileged findings;
  • Represent investment advisers during SEC and state regulatory examinations and enforcement proceedings and assist in drafting responses to the SEC challenging alleged examination deficiencies; and,
  • Provide transition and breakaway broker services, including the planning in advance of all aspects of a successful transition; negotiating the terms of the employment agreement with the new firm; negotiating the terms of the promissory note agreement with the new firm; being "on call" for difficulties that may arise during the transition to the new firm; defending the advisers' interest and reputation from defamation by the former firm and/or its advisers (including negotiation of language for the Form U-5 filing); defending advisers in injunction proceedings and in arbitration relating to their employment agreements (including any non-compete, non-solicitation and confidentiality agreements at the former firm); and in planning all corporate, tax, compensation and benefits matters.
We successfully:
  • Defended an investment adviser and an accountant against claims that an investor had brought for unsuitable investments and conflicts of interest in which the arbitrator granted zero dollars to the investor, ordered the investor to pay forum fees to the investment adviser, found that the case against the accountant was essentially frivolous, and found the investor's expert to be unqualified to testify as an expert;
  • Represented a broker in a wrongful termination and defamation action in which we convinced the arbitration panel to award $865,000 in compensatory damages plus removal of defamatory language from his publicly-available employment record;
  • Represented a broker in a wrongful termination and defamation action in which we convinced the arbitration panel to award damages, to amend the broker's Form U-5, and to declare the outstanding promissory note balance null and void; and,
  • Obtained the largest jury verdict ever (as of 1991) in Cook County, Illinois for a defamation and wrongful termination lawsuit for a business executive.

To learn about the latest industry hot topics, you can read articles written by our securities attorneys and replay their webinars, visit FinancialCounsel (our related website), read Jim Eccleston's blog, and register to receive his e-newsletter.

Contact:
James J. Eccleston
Ronald M. Amato
Christopher J. Moyen