Securities Litigation & Arbitration
Investment market corrections leading to investor losses may trigger claims against investment advisors, financial planners, and other securities industry professionals alleging that investments were unsuitable, registration statements were fraudulent, prices or markets were manipulated, excessive fees were charged, portfolios were churned, trading was unauthorized, margin calls were mishandled, or that investment advice in general breached agreements or fiduciary duties. Claims may be asserted under the Securities Act of 1933, the Securities Exchange Act of 1934 (and its correlative Rule 10b-5), the Investment Company Act of 1940, state securities or “blue sky” laws, or otherwise. We are prepared to advocate defenses for our clients that may include:
- Proof of due diligence;
- Good faith;
- Immaterial facts;
- Absence of scienter;
- Absence of reliance;
- Absence of loss causation,;
- Fee legitimacy; and
- Attribution of investment price decline to market forces.
Frequently, claims arise between customers and investment advisors in which arbitration of disputes is mandatory per contract or rules of the Financial Industry Regulatory Authority (“FINRA”). Special FINRA pleading, discovery, and motion practice procedures and approaches to dispute resolution pursuant to FINRA rules fall within the scope of our expertise. Disputes affecting investment professionals may require disclosure of claims and outcomes on public records affecting the professional, requiring fallout sensitivity on the part of counsel seeking to preserve client reputations and licensing rights. We’re sensitive too.