Overview
We defend the securities industry.
Our group of experienced securities attorneys represent broker-dealers, registered representatives, investment advisors, and other financial professionals in Financial Industry Regulatory Authority (FINRA) arbitrations, American Arbitration Association (AAA) arbitrations, as well as state and federal court litigation. Our attorneys are not only skilled trial attorneys but are intimately familiar with the securities industry. Constantly monitoring regulatory changes, claim trends, market performance, and the evolution of securities products, our lawyers are able to quickly and intelligently evaluate the complex factual issues embedded in securities disputes and to guide clients through their dispute.
Our group of attorneys has experience handling the following litigation matters:
- Customer disputes – involving Real Estate Investment Trusts (REITs), Tenant-In-Common investments (TICs), Oil & Gas investments, Direct Participation Programs (DPPs), Limited Partnership, Business Development Companies (BDCs), promissory notes, private placements, variable annuities, universal variable life insurance policies, 1031 and 1035 exchanges, churning, options trading, fraud, selling away, Securities Act claims, and Ponzi-scheme allegations, financial theft, among others.
- Intra-industry disputes – involving the enforcement of restrictive covenants, trade secrets, and TRO proceedings.
- Regulatory investigations/enforcement brought by the Ohio Division of Securities.
- Regulatory investigations/enforcement brought by FINRA.
- Regulatory investigations/enforcement brought by the SEC.
- Expungement of customer disputes or Form U-4 disclosures.
This group also represents clients in regulatory investigations and enforcement actions, whether led by FINRA, the SEC, or state departments of securities. These representations include responding to FINRA 8210 letter-requests, representing clients during FINRA On-the-Record examinations (OTRs), negotiating Acceptance Waivers and Consents (AWCs), defending clients in the context of SEC subpoenas for documents and/or testimony, and all other aspects of a regulatory investigation or enforcement action.
Our clients have trusted our attorneys with representation across 33 states (Arizona, California, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Vermont, Washington, West Virginia, and Wisconsin).
Representative Matters:
- Obtained defense verdict on behalf of FINRA registered representative in FINRA arbitration hearing.
- Successfully defended FINRA broker-dealer through hearing with panel awarding less than 4% of Claimants’ requested $3.5M.
- Obtained defense verdict on behalf of securities Broker-Dealer in FINRA arbitration involving claims under the Indiana Securities Act, breach of fiduciary duty, fraud, unsuitable recommendation of variable annuities, and more.
- Obtained dismissal of FINRA arbitration against FINRA registered representative.
- Obtained dismissal of all claims on behalf of financial services company in case involving Ohio Consumer Sales Practices Act (CSPA).
- Obtained dismissal of all claims on behalf of financial services company in case involving Ohio’s Transfer to Minor Act (UTMA).
- Represented founder of crowdfunding platform in defense of enforcement action brought by Ohio Department of Securities alleging securities fraud.
- Successfully defended company in dispute involving alleged breach of fiduciary duty and mismanagement of Employee Stock Ownership Plan (ESOP).
- Successfully defended and resolved intra-industry dispute between FINRA Broker-Dealers involving claim of more than $1 million for alleged violation of non-compete and non-solicitation agreements, conversion, and violation of Trade Secrets.
- Defended lawsuit involving alleged damages in excess of $10 million against investment professionals and wealth management firm involving claims under the Investment Advisers Act of 1940, the Ohio Securities Act, fraud, conversion, among others.
- Successfully defended financial planner in CFP Board investigation, resulting in finding no wrongdoing.
- Successfully defended FINRA registered representative in FINRA investigation and OTR examination.
Representative Clients
- Cambridge Investment Research, Inc.
- Cetera Financial Group/Cetera Advisors Networks
- Glenmede Trust Company, N.A.
- Lincoln Financial Group
- Lincoln Investment
- LPL Financial Holdings
- MML Investors Services, LLC
Results
- Mar 26, 2024, Motion to Dismiss GrantedCuyahoga County Court of Common Pleas
Motion to dismiss granted in favor of trust company and portfolio manager involving claims of insider trading issues, trading in thinly traded securities, and other Trust & securities issues.
- Jan 6, 2022, Claims DismissedFINRA
Defended broker-dealer client was the subject of a seven-figure customer complaint alleging overconcentration, unsuitable recommendations, and a lack of supervision concerning five alternative investments in various Real Estate Investment Trusts. The FINRA arbitration panel dismissed all claims against our client, holding that “any and all claims for relief… including any request for punitive damage, treble damages and attorneys’ fees, are denied.”
- Nov 8, 2021, Decision AffirmedU.S. Court of Appeals, Sixth Circuit
Brian Nally and Steven Chang recently obtained dismissal of a lawsuit pending in the U.S. District Court for the Southern District Court of Ohio, arising out of allegations that a financial advisor made various improper recommendations to a client. Reminger successfully obtained dismissal from the U.S. District Court, arguing that the Plaintiff failed to state a claim under various securities/criminal statutes and arguing that the claims were time-barred. After an appeal to the United States Court of Appeals for the 6th Circuit, the dismissal in favor of Reminger’s client was affirmed in all respects.
- Jun 30, 2021, Motion to Dismiss GrantedU.S. District Court, Southern District of Ohio, Eastern Division
Plaintiff filed a lawsuit against our investment professional client, asserting various claims arising out of the recommendation of an annuity. We successfully argued the claims were time-barred, and further argued that the Plaintiff failed to state a claim under various securities/criminal statutes. The District Court agreed and dismissed all claims against our client. Additionally, the District Court deemed the Plaintiff a vexatious litigator under Federal law, and enjoined the Plaintiff from filing any new actions unless he sought permission from the Court in advance.
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