Statutory Disqualification Avoided: Obtained approval of application to SEC on Form MC-400 enabling a client to remain in the securities industry notwithstanding being subject to an industry “statutory disqualification.” Successful engagement included filing the application after ten years of litigation with FINRA to position client to be in a position to overcome statutory disqualification, structuring plan of heightened supervision to win approval of the application, and arguing before the Statutory Disqualification Sub-committee of FINRA’s National Adjudicatory Council in Washington, D.C.
FINRA Enforcement Action Withdrawn: Succeeded in convincing FINRA after four years of enforcement action litigation to withdraw charges of multi-million dollar securities fraud.
Securities Fraud Litigation Dismissed: Succeeded in obtaining reversal by United States Court of Appeals of lower court’s dismissal of 10b-5 litigation (securities fraud) against an auditor who gave a “clean opinion” to materially inaccurate financial statements. The appeals court’s decision set a precedent in this area of law, and ultimately resulted in a significant settlement for the client, the chief executive officer of a well-known U.S. publicly traded company. [insert cite]
New York State Court Fraud Litigation Dismissed: Obtained dismissal of entire action on behalf of a group of seven associated clients in a $35 million fraud case brought in the Supreme Court of the State of New York. That dismissal was affirmed on appeal by the New York Appellate Division. Case closed.
Wells Submission and SEC settlement: Convinced SEC staff to scale down its proposed charges after submitting a “Wells submission” explaining how and why our young and unsophisticated client fell victim to the primary actions responsible for the fraudulent Ponzi-type scheme. scheme. Following that, successfully negotiated a favorable settlement with the Securities and Exchange Commission enabling our client to move past this episode and get on with his life.
Copyright, Trademark and Intellectual Property Litigation Avoided: Succeeded in averting and settling litigations against clients accused of infringing on copyrights and trademarks and other intellectual property by structuring compromises that resolved numerous infringement allegations.
Successes in FINRA customer matters and regulatory investigations:
- Successfully defended securities industry clients in multiple FINRA arbitrations.
- Obtained favorable settlements in multiple FINRA arbitrations.
- Succeeded in getting FINRA to drop potential charges or terminate multi-year investigations involving possible violations of company policies and industry rules.
- Negotiated virtually “painless” resolution of potential customer dispute on behalf of 45-year securities industry veteran with a clean record dated back to the 1980’s.