FINRA ARBITRATION AND SECURITIES LITIGATION DEFENSE

The volume of FINRA arbitration cases continues to swell, with  a more than 40% increase in 2009 over the previous year.  With markets in turmoil and tough economic conditions, broker/dealers increasingly face allegations involving breach of fiduciary duty, negligence, misrepresentation, unsuitability, breach of contract, and failure to supervise.  Those companies that also offer financial planning services find themselves even more susceptible to claims.

These types of actions put companies at great risk and are extremely disruptive – even when the company mounts a successful defense. In this highly regulated financial arena, experience and industry knowledge count.

Skjold ▪ Barthel regularly represents financial institutions, broker-dealers, third-party administrators, insurance agents, registered representatives, and other financial professionals in FINRA arbitrations and other securities disputes.

Our experience and extensive knowledge of the financial industry, including attorneys whose backgrounds include a formerly licensed Series 7/63 holder and certified public accountant, give us “insider” knowledge of industry practices and the complex statutes, rules and regulations governing this often-volatile industry. Attorneys serving as Qualified Neutrals also offer their insight into the relevant processes surrounding mediation and arbitration.

Skjold ▪ Barthel represents broker/dealer organizations in FINRA matters, additional financial entities in securities-related actions, and serves as local counsel for various entities needing value-based support for multi-jurisdictional matters.  Our experience encompasses a wide range of FINRA arbitration and securities disputes, including:

  • Asset Allocation
  • Breach of Fiduciary Duty
  • Churning
  • Disciplinary Actions and Wells Submissions
  • Employee Stock Options
  • Excessive Activity
  • Margin Trading
  • Misrepresentations & Omissions
  • Mutual Fund Fraud
  • On the record interviews
  • Over-Concentration
  • Ponzi and Pyramid Schemes
  • Private Placements
  • Supervision
  • Unauthorized Trading
  • Unsuitability

The business lawyers of Skjold ▪ Barthel also realize that often the best defense is a solid offense, and we work closely with company management to develop compliance programs to mitigate risk and lay the groundwork for proper defense against potential actions.

Scalable Litigation Model

Through appropriate resource allocation and the use of advanced technologies, Skjold ▪ Barthel delivers highly efficient and cost-effective litigation services. Our scalable litigation model allows us to engage additional resources as needed for large, complex or multi jurisdictional matters – without concerns of overhead or billable hours influencing crucial decision-making processes.

 

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