Matters

  • Represented the officers of a publicly traded alternative energy company in connection with PIPE investments made by their affiliates.
  • Successfully defended a large convertible securities and arbitrage trading firm against aggregate claims exceeding $70 million. The NASD arbitration lasted 180 sessions and involved an analysis of computer platforms, language and codes and the evolving state of computer copyright law.
  • Represented a broker-dealer in connection with the merger into an investment bank.
  • Represented a broker-dealer and registered representatives in connection with a national investigation on the issuance of trading of SPACs.
  • As the coordinating counsel for broker-dealers in a securities class action case brought in the U.S. District Court for the District of Northern Texas, we favorably settled the case against the claims alleging misrepresentations made in a convertible notes offering.
  • Represented officers and directors of a publicly traded company in SEC accounting investigation.
  • Counseled an individual in New York State Insurance Department inquiry as well as before other state insurance regulatory authorities.
  • Represented a multibillion-dollar venture fund in connection with the oppression of minority shareholder rights and breach of fiduciary duty claims in the New York Supreme Court. It was alleged that the defendant’s board of directors made unlawful decisions causing the failure of an up-and-coming Internet-based corporation, which resulted in damages sought in excess of $200 million.
  • Represented a securities broker in DOJ, SEC and FINRA regulatory investigations and litigation.
  • Successfully defended a client in the Texas District Court and Court of Appeals against claims involving the rightful ownership of more than $3 million worth of certificate shares held by a transfer agent. The claims against the client were dismissed.
  • Represented investors seeking redress for the conversion of a mutual savings bank into a stock savings bank. Successfully appealed the Banking Commissioner’s decision denying clients’ right to buy hundreds of thousands of new bank shares and successfully settled the resulting State of New Jersey action favorably.
  • Advised analysts in CFTC and DOJ late trading/market timing investigation.
  • Successfully defended a prime brokerage firm against claims of unlawfully tapping telephone calls on its trading desk in alleged violation of California state law. The case was removed from state court and stayed in favor of the NASD arbitration in federal court.
  • Defended a futures commission merchant in RICO claim arising out of the collapse of a hedge fund.
  • Represented lenders in connection with an investigation by the SEC and U.S. Attorney’s Office pertaining to mutual bank conversions. We defeated the government’s claims and defended against the SEC investigations by successfully objecting to and quashing numerous SEC subpoenas.
  • Represented a broker-dealer in connection with proposed NASD AWCs and successfully defeated the imposition of AWCs.
  • Conducted a full audit of an investment adviser and revisions to compliance manuals, customer agreements and public disclosures.
  • Represented a publicly traded company in SEC No-Action request involving foreign accounting issues.
  • Defended a securities broker in FINRA enforcement hearing.
  • Defended securities brokers in FINRA investigations and disciplinary proceedings.
  • Counseled broker-dealers in SEC and FINRA investigations.
  • Defended broker-dealers and financial advisors from customer-initiated complaints and lawsuits.
  • Represented securities brokers before numerous state securities commissions.
  • Counseled securities broker-dealers and brokers in New York State Attorney General and New York County District Attorney investigations and litigation.
  • Represented broker-dealers and individual financial advisors in customer arbitration involving, among other claims and securities, fixed-income instruments, options, churning, unsuitability, selling away, Exchange Act Section 10(b) and Rule 10b-5 and consumer fraud.
  • Represented broker-dealers and securities brokers in post-employment issues, including U-5 defamation claims and corporate raiding. Conducted an internal investigation of a broker-dealer and report made to senior management and ownership.