Representation Of Investors
We represent investors – individuals and institutions – who have lost money or investment opportunities as the result of the negligence, breach of fiduciary duty, breach of contract, fraud or other material misconduct by investment professionals. These types of disputes are generally required to be addressed in arbitration. The work requires the expertise of highly experienced legal practitioners who know where to look to uncover negligent and unscrupulous business practices, and who understand the rules which apply to hold the firms and associated persons responsible.
These cases are typically handled through FINRA or AAA arbitration on a contingency fee basis.
Brokers and investment advisers have an obligation to recommend investments and investment strategies that are consistent with or suitable to the needs and goals of each customer.
Breach of Fiduciary Duty
Brokers and firms have a continuing fiduciary duty to investors to manage a customer’s account in accordance with the needs and objectives of the customer as stated in the authorization papers or as apparent from the customer’s investment and trading history.
Failure to Supervise
A firm’s failure to properly supervise it’s brokers activities is an invitation to broker misconduct and other investment wrongdoing which can result in losses for investors.
FINRA rules require member firms to establish and maintain a system to reasonably supervise the activities of each registered representative. All broker-dealers, registered representatives and individuals who trade securities or act as brokers for investors are subject to those regulations.
Misrepresentations and Omissions
If a broker has misrepresented the inherent risks of an investment or has failed to disclose the inherent risks involved in order to make the investment seem more attractive, less risky or more potentially lucrative, their conduct could be actionable.
Excessive trading in order to generate commissions.
When a broker buys and sells without client consent.
When an individual broker sells an investment to a client without the approval and knowledge of the brokerage firm — the brokerage firm may be held accountable for failure to supervise.