REPRESENTATION OF BROKERAGE FIRMS IN FINRA CUSTOMER & INDUSTRY DISPUTES

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Charleen Gallagher
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REPRESENTATION OF BROKERAGE FIRMS IN FINRA CUSTOMER & INDUSTRY DISPUTES When faced with FINRA CUSTOMER OR INDUSTRY ARBITRATION ACTIONS, brokerage firms first and foremost need a law firm that can

1 REPRESENTATION OF BROKERAGE FIRMS IN FINRA CUSTOMER & INDUSTRY DISPUTES When faced with FINRA CUSTOMER OR INDUSTRY ARBITRATION ACTIONS, brokerage firms first and foremost need a law firm that can help them win. We have a long history of achieving victories for all types and sizes of brokerage firms in FINRA arbitration actions throughout the country. However, we understand that when it comes to current FINRA arbitration actions, we need to achieve victories for our clients in a highly cost effective manner. That is why we have developed an approach and platform to maximize efficiencies through each stage of the arbitration process. Because we are so confident in our ability to control litigation costs while achieving victories for our clients, we frequently litigate FINRA arbitration actions under alternative fee arrangements including fee caps.

OUR EXPERIENCE Few firms have the BREADTH AND DEPTH OF EXPERIENCE litigating both FINRA customer arbitrations and FINRA industry arbitrations as our litigation team.

Whether it be achieving complete defense verdicts in FINRA customer arbitrations or tracking down and holding our clients former brokers responsible for converting our clients customers and trade

2 OUR EXPERIENCE Few firms have the BREADTH AND DEPTH OF EXPERIENCE litigating both FINRA customer arbitrations and FINRA industry arbitrations as our litigation team. Even fewer have a PROVEN TRACK RECORD OF WINNING those disputes. Whether it be achieving complete defense verdicts in FINRA customer arbitrations or tracking down and holding our clients former brokers responsible for converting our clients customers and trade secrets, we have done it all. And we have done it in FINRA arbitration forums throughout the country. Put simply, we know how to convince a FINRA arbitration panel to rule in our clients favor. Although our experience prevailing in FINRA (and, before FINRA, NASD) arbitration actions spans decades, OUR RECENT EXPERIENCE INCLUDES: Obtaining a complete defense verdict at final hearing for a brokerage firm and two brokers in a FINRA arbitration action brought by an investor alleging multi-million dollar investment losses from complex and unsuitable investments. 1 4 Obtaining a complete defense verdict at final hearing for a brokerage firm and broker in a FINRA arbitration action brought by an investor alleging unsuitability. Creating and executing a comprehensive defense strategy for a brokerage firm facing twelve individual FINRA arbitration actions throughout the country arising out of a failed investment. We successfully defended and resolved each of these cases for our client. 2 5 Obtaining a complete defense verdict at final hearing for a brokerage firm and broker in a FINRA arbitration brought by an investor alleging unsuitability, securities fraud, and breach of contract. 3 6 Prosecuting joint FINRA and state court proceedings for a brokerage firm against two former brokers for conversion of trade secrets and customers, which resulted in a substantial payment to the brokerage firm and the former brokers being subjected to a non-solicitation agreement. Prosecuting joint FINRA and federal court proceedings for a brokerage firm against a former broker for conversion of customers, which resulted in a substantial payment to the brokerage firm and the former broker being subjected to a non-solicitation agreement. When faced with FINRA arbitration action, brokerage firms first and foremost need a law firm that can help them win. 1

3 ALTERNATIVE FEE ARRANGEMENTS While we are happy to litigate FINRA arbitration actions on a standard billable hour basis, we also WELCOME FLEXIBLE FEE ARRANGEMENTS. We welcome fixed fee arrangements covering an entire FINRA arbitration action, or specific stages of a FINRA arbitration action ( e.g., pleading stage, discovery stage, pre-final hearing preparation, final hearing). In these instances, the fixed fee can be significantly smaller than the aggregate fees that would result by charging the standard hourly fee. We believe these alternative fee arrangements foster true partnerships between our clients and our firm. In the end, the value proposition to the brokerage firm is consistent results, at lower cost, in a meaningful partnership with outside counsel. 2

4 FINRA ARBITRATION PLATFORM When faced with a FINRA arbitration action, we understand that BROKERAGE FIRMS NEED 24/7 ACCESS to all of the details surrounding their case. We have developed an electronic platform to provide our clients with exactly that. With a single click of a button, our clients can access a customized webpage for each FINRA arbitration action to which they are a party. Our platform provides real time information on: Legal fees incurred to date Synopsis of their case and our case strategy Progress update Copies of all key case documents Schedule of all case deadlines Background information concerning each arbitrator assigned to their case, and a roster and contact information for all members of the litigation team As a result, our clients are able to track our progress towards victory in real time. Our brokerage firm clients value their 24/7 access to all of the real time details surrounding their case with the simple click of a button. 3

5 OUR TEAM Primary Contacts Jeff Peelen Jonathan W. Hackbarth Paul Langer Steven Hunter Donald K. Schott Matthew Splitek

LEGAL SERVICES FOR MUNICIPAL SECURITIES DEALERS

LEGAL SERVICES FOR MUNICIPAL SECURITIES DEALERS UNDERWRITER S/ DISCLOSURE COUNSEL REGULATORY COMPLIANCE COUNSEL MUNICIPAL SECURITIES DEALER We have a long history of representing all kinds of securities