|
Regulatory Defense
We regularly defend clients in investigations and proceedings initiated by the Financial Industry Regulatory Authority (“FINRA”), state securities authorities and federal prosecutors around the United States. Collectively, our lawyers have assisted clients in the successful defense of a variety of charges, including those alleging: improper sales practices (churning, unsuitability, misrepresentation, unauthorized transactions); failure to adequately supervise; front running; free riding; embezzlement; market manipulation; trading away; insider trading; regulatory reporting failures, and all types of state blue sky violations. Over the past few years, our firm successfully defended one of the world’s largest financial services companies in a multi agency investigation with potential liability of over a billion dollars. Our regulatory defense team is currently handling, among other significant cases, matters related to Class B mutual fund shares; gifts and gratuities; mutual fund market timing; and variable annuity sales.
Litigation
Our attorneys represent all types of financial services corporations and their employees and officers in court on many different types of matters, both civil and criminal. This representation has included broker customer disputes, member-to-member disputes, “product” problems, ERISA claims and employment matters, among others. Most recently these cases include: representing a pension advisory firm in complex claims arising under ERISA; representing broker-dealers in actions seeking the judicial enforcement of a variety of arbitration rules; representing banks and broker-dealers in employee recruitment matters; and representing a broker-dealer in a case before the United States Supreme Court and, before that, the U.S. Court of Appeals for the First Circuit. Our litigation support team members are without peer, and they specialize in the types of document production and management typically seen only at very large law firms. Securities cases are by their very nature document intensive. As a result, we routinely handle matters in which document production exceeds several hundred thousand pages. Indeed, we have produced, in one recent matter, well over one million pages of documents. Our litigation support professionals, like our attorneys, are innovators. Depending on the project, we will produce documents in written “hard” copy or electronically. And within the electronic production arena, we regularly tailor the production for the particular needs of each case. For example, often different situations require that electronic data be provided in distinct formats. Our professionals can address situations like that quickly and efficiently. In some cases, large discovery projects require offsite visits, and our firm excels at this specialized area of document management. We will travel to your corporate headquarters, branches, or warehouses to assemble and produce the necessary documents for a given matter, in this way your in-house resources are not monopolized in a lengthy and difficult process.
Arbitration and Mediation
Collectively, we have successfully handled hundreds of arbitration on behalf of our clients. These cases have involved numerous issues, including the unauthorized use of margin; trading away; improper sales practices (churning, unsuitability, misrepresentation, unauthorized transactions); failure to adequately supervise; and the use of allegedly misleading research reports. We regularly appear in each of the major arbitration forums, including the NASD and the NYSE and the AAA. In recent years, mediation has become an appealing alternative for many of our clients. Success in mediation requires different skills than litigation: the ability to identify cases in which mediation may advance a client’s interests; selection of mediators who can effectively communicate our client’s position; and the use of a different type of advocacy in mediation. Our lawyers are well-versed in these skills and have successfully mediated matters across the United States. As part of our innovative approach to dispute resolution we have, where circumstances warrant, combined mediation programs with our representation of clients in the regulatory arena, and thus settled both customer claims and regulatory actions relating to the same underlying conduct simultaneously
Employment Disputes
We handle a wide range of broker-dealer employment disputes including those arising from claims of sexual harassment, other employment discrimination, defamation and wrongful termination. We are widely recognized as one of the industry's leading practitioners in securities industry recruitment, non-compete and "raiding" matters. Our lawyers appear throughout the United States before FINRA arbitration panels of the as well as in federal and state courts in connection with these types of cases. We also provide employment counseling that covers the issues of greatest concern to broker-dealers, such as preventive practices, personnel policies and employment agreements. We have created Employee Handbooks for clients, and have also assisted in their implementation.
Internal Investigations
We have assisted broker-dealers, investment advisers, and hedge fund managers in planning and executing internal investigations of potential violations of securities, banking, and other laws, as well as breaches of fiduciary duty. Recent engagements include our appointment by the Massachusetts Securities Division to conduct a review of the compliance procedures of an independent broker dealer, and to draft revisions to those policies and procedures. We tailor these investigations to meet the client’s needs on a particular matter. For example, if a report is required, we will prepare and submit one. If an investigation requires the expertise of an outside forensic expert, we have a network of professionals to draw from across the country, whether it be a private investigator, economic expert or even a drug testing laboratory.
|
