Our Broker-Dealer/Investment Adviser Group is made up of experienced attorneys who guide clients through many aspects of the financial industry, such as regulation, compliance, enforcement, consulting, arbitration, litigation, and internal investigations. We serve a wide variety of organizations, including broker-dealers, investment advisers, investment banks, investment companies, capital markets teams, and banks. Our clients range from national and regional firms to local broker-dealers, dually registered firms, municipal advisors, municipal securities dealers, bank dealers, capital markets groups, investment companies, investment managers, and investment funds.
We have represented broker-dealers and investment advisers throughout the country in customer disputes related to a vast array of securities transactions. Our experience includes private placements, alternative investments, REITs, EB-5 offerings, collateralized debt obligations (CDOs), municipal and corporate bonds, variable annuities, mutual funds, electronic funds transfers (EFTs), and various other equity, debt, insurance, derivative, and hedge related products involving the following types of claims:
- Unsuitability
- Selling away
- Unauthorized trading
- Churning
- Offering fraud
- Common law fraud and misrepresentation
- Breach of fiduciary duty
- Failure to Supervise
We also have substantial experience representing industry firms and their associated persons in regulatory inquiries, examinations, and enforcement proceedings involving:
- Forms ADV, BD, U4, and U5 disclosure issues
- Outside business activities and private securities transactions
- Selling away
- Research
- Pricing
- Suitability and disclosure issues related to complex products and private placements
- Due diligence related to private placements
- Mutual fund share-class issues
- Insider trading
- Violations of gift and entertainment rules and policies
- Fee overcharges
- Anti-money laundering (AML) matters
- Cybersecurity matters
- Reg S-P compliance
- Federal, state, and Self-Regulatory Organization (SRO) registration and licensing issues
- Internal investigations
- "Wells" submissions
Additionally, our attorneys have handled employment related matters for broker-dealers, investment advisory firms, and other financial service organizations, including matters involving the following:
- Raiding cases and other transition disputes
- Non-solicitation agreements, non-compete agreements, and garden leave provisions
- Form U4 and Form U5 disclosures
- Employee and independent contractor classification
- Forgivable loans and promissory notes
- Employee exemptions under the Fair Labor Standards Act (FLSA)
- Trailing commissions, bonuses, and other incentive compensation
- Discrimination, diversity, and equal pay sensitivities
- Mandatory vacation policies
- Social media policies and bring your own device policies
- Whistleblower protections and awards
- Employment terminations and dispute resolution
- Settlement and separation agreements
- Financial Industry Regulatory Authority (FINRA) arbitrations
- Form U5 expungement proceedings