Skip to main content
Contact

Practice Areas

Investor and Customer Protection

When an account has lost money in a way that does not look like the market, the question is whether something was sold that should not have been, or handled in a way the rules do not allow.

An antique oak strongbox bound in brass, lid closed, on a leather-topped desk in a library, a ring of old iron keys beside it

The practice

Plaintiff-side work, taken where it is needed to protect investors.

Most disputes between a customer and a brokerage firm are arbitrated, not litigated, because the account agreement says so. That usually means FINRA Dispute Resolution: a compressed schedule, a discovery guide rather than open discovery, a panel instead of a jury, and an award that is very difficult to appeal.

This firm’s practice is industry-side — broker-dealers, investment advisers and the people registered with them. Investor claims are the stated exception: plaintiff-side action brought where an investor needs it and the firm is free of conflict.

A losing investment is not a claim. What makes a claim is conduct — a recommendation that did not fit the customer, a concentration nobody explained, a supervisor who had reason to look and did not, a product sold on a description that was not accurate.

Worth knowing early

FINRA arbitration has a six-year eligibility limit running from the events giving rise to the claim, and state statutes of limitation apply separately. Delay is the most common way a good claim stops being one.

Claims

What these cases are usually about.

  • Unsuitable recommendations
  • Over-concentration
  • Failure to supervise
  • Misrepresentation and omission
  • Unauthorized trading
  • Excessive trading and churning
  • Mutual fund switching
  • Breach of fiduciary duty
  • Negligence and failed due diligence
  • Selling away
  • Margin and leverage
  • Alternative and illiquid investments
  • Non-traded REITs and direct participation programs
  • Private placements
  • Structured and complex products
  • Ponzi schemes and misappropriation
  • Fee and account-type disputes

Why this firm

These claims are answered by the people this firm usually represents.

The industry-side work is on the Arbitration and Litigation and Broker-Dealer Services pages, and it is the larger part of the practice. Knowing how a firm evaluates a claim, what its supervisory file looks like and where its exposure actually sits is what makes an assessment realistic rather than optimistic.

That includes an honest early answer about whether a claim is worth bringing. Not every loss is recoverable, and a case that cannot be proved costs an investor twice.

Whether the firm can act depends on a conflicts check. Please do not send confidential information before one has been completed — see our Attorney Advertising, Legal Notices & Disclaimers.

Think something went wrong in your account?

We would appreciate hearing from you.

Contact the firm