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Practice Areas › Arbitration and Litigation

Alternative Investments

When a non-traded program stops paying, the claims that follow are rarely about the security. They are about what was known, what was disclosed, and who reviewed it.

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The practice

Defending the firms and people who sold them.

Direct participation programs, non-traded REITs, 1031 and tenant-in-common structures, oil and gas partnerships and private funds all share a pattern. They are illiquid, they are sold on a disclosure document, and when they fail the claim is that the disclosure was inadequate or the due diligence was not done.

Defending that requires understanding the product, not just the rule. What the sponsor represented, what the offering document actually said, what a reasonable due diligence file looked like at the time, and what the industry standard genuinely was in the year the sale happened — not the standard as it is remembered after the loss.

The firm has acted for broker-dealers, registered representatives, registered investment advisers and due diligence analysts in these matters, including some of the largest program failures of the last two decades.

Matters

Programs the firm has litigated.

Representative engagements. Court filings from one of these, and from one public matter the firm was not involved in, are published below.

  • DBSI and FOR 1031
  • Sunwest Management
  • Provident Royalties and Provident Asset Management
  • Shale Royalties
  • Striker Petroleum
  • Medical Capital Holdings
  • Medical Provider Funding
  • IMH Secured Loan Fund
  • Discovery Oil and Gas Partners
  • Tax Strategies Group
  • Investment Properties of America
  • Desert Capital

Facing an alternative investment claim?

We would appreciate hearing from you.

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