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Expert Witness Services

Industry practice is a question of fact, and it is usually the question the panel is actually deciding.

A bound report with a plain cloth cover on a leather-topped desk, a pair of reading glasses resting on it and a brass magnifying glass beside it, library shelves behind

The engagement

What a firm was required to do, and what firms actually do.

Most securities disputes turn on a standard nobody in the room can state precisely: what a reasonable broker-dealer, supervisor or adviser would have done. Rules and manuals set the floor. Industry practice fills the rest, and it is rarely written down anywhere a panel can read it.

The firm provides expert support and testimony on that question — evaluating claims and defenses, reviewing industry practice against regulatory requirements, analyzing the documents, and testifying where a matter goes that far. Engagements come from both sides. The analysis does not change depending on who is paying for it, which is the only basis on which this work is worth having. Because the firm also represents broker-dealers, advisers and issuers, every expert engagement is checked for conflicts against the firm’s clients before any substantive discussion.

The underlying qualification is operational rather than academic: running a FINRA member firm as chief executive and chief compliance officer, writing supervisory systems, and serving as general counsel and chief operating officer to issuers. Testimony about what a supervisor should have done carries differently from someone who has been the supervisor.

Subject matter

Areas of testimony.

  • Broker-dealer sales practices
  • Investment adviser sales practices
  • Suitability
  • Supervision and supervisory systems
  • Outside business activities
  • Private securities transactions
  • Due diligence
  • FINRA and SEC rule compliance
  • Real estate funds, 1031, TIC and DST
  • Oil and gas programs
  • Syndications and private placements
  • Disclosure adequacy
  • Damages and causation methodology
  • Turnover and churning analysis
  • Concentration and asset allocation
  • Reasonable basis and customer-specific suitability
  • Compliance program adequacy
  • Anti-money laundering program adequacy
  • Net capital and financial responsibility
  • Custody and safekeeping
  • Fee and compensation practices
  • Recordkeeping and communications retention

Considering an expert engagement?

Conflicts are checked before any substantive discussion.

Contact the firm