Practice Group Attorneys
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 17 states (California, Georgia, Illinois, Indiana, Kentucky, Louisiana, Michigan, Minnesota, Missouri, New York, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, West Virginia, and Wisconsin).
- 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.
- 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
- Press Release, November 28, 2018
- Press Release, April 26, 2018
- Press Release, December 6, 2017
- Compliance and Regulatory Issues Confronted by Securities Compliance Professionals and In-House CounselColumbus, OH, October 25, 2019
- Recent Trends: Insurance Agent and Broker Error & OmissionsCleveland, OH, April 14, 2019
- Webinar, March 20, 2019
- Proposed ‘Best Interest’ Standard for Brokers: What Is It and Why You Need to KnowWebinar, November 9, 2018
- Mutual Fund Due Diligence and theSupervision of Dually Registered RepresentativesAmelia Island, FL, October 16, 2018
- Suing and Collecting from Insolvent Broker‐Dealers: Interplay Between Bankruptcy and FINRA CasesBonita Springs, FL, October 11, 2018
- Concentration Limits: How Much is Too Much?Los Angeles, CA, August 15, 2018
- Supervising Dually Registered RepresentativesLos Angeles, CA, August 14, 2018
- Current Issues in FINRA Arbitration and Enforcement – FINRA Arbitration 2018: Tips, Tricks and ConsiderationsTampa, FL, February 2018
- Ethical, Practical, and Legal Considerations for Litigating Against Pro Se Parties in Securities ArbitrationsSeptember 2017
- Arbitration and Compliance UpdatesOctober 2016
- Arbitrating FINRA Product CasesMay 2015
- Current Issues in Securities Litigation - When Are Private Placements PublicFebruary 2015
- FINRA Expungement RoundtableOctober 2014
- An Update on FINRA Expungement: Perspectives from the Claimants’ and Respondents’ BarsWebinar, May 2014
- Current Arbitration and Licensing IssuesOctober 2009
- By Brian NallySecurities Litigation Newsletter, October 24, 2019
- Cleveland Metropolitan Bar Journal - September 2018, September 2019
- ABA Securities Litigation Journal, March 8, 2019
- Crain's Cleveland Business, February 18, 2019
- By Joseph S. SimmsFinancial Services Professional Liability E-Blast, February 6, 2019
- Ohio Securities Bulletin Newsletter, May 2018
- Indiana Court of Appeals: Continuous Representation Doctrine Does Not Apply to Financial ProfessionalsFinancial Services Professional Liability E-Blast, March 15, 2018
- Financial Services E-Blast, February 7, 2018
- Trial Prep 101: Tips on What to Think About, What to Focus on, How to Behave, and What to WearAmerican Bar Association Litigation Section’s Securities Litigation Committee Newsletter, Spring 2017, April 2017
- Expungement Update 2014Ohio Securities Conference, October 2014
- Expungement Update 2014 Securities Arbitration 2014Practising Law Institute, July 2014
- SEC Approved Amendments to FINRA’s Arbitration Codes Relating to Subpoenas and Orders to Direct the Appearance of Witnesses and Production of DocumentsClient Alert, February 2013
- Substantial Changes to FINRA Discovery Guide ForthcomingClient Alert, April 2011
- Securities and Exchange Commission UpdateClient Alert, November 2010
- SEC Adopts 'Plain English' Requirement for Mutual Fund ProspectusesClient Alert, November 2009
- SEC Approves Rule to Limit Motions to Dismiss in FINRA ArbitrationClient Alert, January 2009
- The ‘New’ Code of Arbitration ProcedureFinancial Law Resource, June 2007
- D.C. Circuit Court Decision Overturning SEC Broker Rule Still Garnering AttentionClient Alert, May 2007
- NASD Staff Permits Broker-Dealer To Use On-Demand Webcast To Satisfy Annual Compliance Meeting RequirementsClient Alert, December 2006
- The Effective Presentation of Oral and Documentary Evidence Chapter in Course HandbookSecurities Arbitration & Mediation: Mastering the Basics , December 2003