Represent national broker-dealer client in multiple FINRA arbitrations asserting various legal claims relating to losses incurred on structured note investments.
Represented the wealth division of a national broker-dealer client in defense of a FINRA arbitration asserting claims based on fraud, negligent misrepresentation, breach of fiduciary duty, and conversion.
Served as lead counsel for a broker-dealer client in a FINRA arbitration brought by a former customer asserting claims of unsuitability, churning and negligent supervision.
Served as lead coordinating counsel and lead trial counsel in more than 150 FINRA arbitrations involving several open-end and closed-end, high-yield bond funds.
Served as lead counsel on behalf of a national broker-dealer client in a series of FINRA arbitrations arising out of the departure of multiple employees following the client’s sale of its wealth division. Our team filed individual arbitrations to recover amounts owed by former employees and defended against their various employment-related counterclaims. The team was successful in recovering over $16 million for the client and defeating more than $17 million in claims against the client.
Served as lead counsel for a broker-dealer client in a series of cases arising out of a third party’s alleged Ponzi scheme. The broker-dealer client successfully defeated claims filed in federal district court in New York and California and in three FINRA arbitrations and recovered attorneys’ fees in two of the arbitrations.
Represented a financial advisor and successfully defeated claims brought by the advisor’s former client for violations of the Securities Exchange Act of 1934, breach of fiduciary duty, fraud, and violation of New York’s deceptive acts and practices acts. The claimant sought to recover over $665,000 plus punitive damages. After more than a year of arbitration proceedings before FINRA, the claimant dismissed the claim with prejudice and recovered nothing.
Defended securities arbitration against broker-dealer where panel awarded claimants less than .05% (.005) of $9 million in damages sought.
Successfully defended Fortune 100 client at FINRA arbitration hearing resulting in dismissal of all claims against client.
Successfully represented Fortune 500 client at AAA arbitration hearing resulting in enforcement of multimillion-dollar contract and collection of full amount of counterclaim damages plus interest.
Represented a large broker-dealer in arbitrations involving 100% principal-protected notes and Puerto Rican leveraged bond funds.
Served as lead counsel in representing a broker-dealer in an industry dispute defending claims by a former salesperson for contractual and quasi contractual claims for unpaid bonus compensation.
Represented a national broker-dealer in defense of a FINRA arbitration filed by a former employee of the client alleging wrongful termination, U-5 defamation, and disparate treatment. The former employee sought over $11 million in compensatory and punitive damages. After the claimant rested, the panel unanimously granted the client’s motion to dismiss and denied the claimant’s claims in their entirety.
Represented client in enforcing noncompete agreements signed by two of its former employees in Oklahoma to enforce its trade secret rights from misappropriation by the former employees and a third individual who had not previously worked for the client. The court granted motions for TRO and later for preliminary injunctions against the former employees. Ultimately, permanent injunctions by consent were entered that ordered the defendants to comply with the terms of the noncompete and confidentiality provisions of their agreements.
Successfully defended client in two separate lawsuits where plaintiff asserted claims of interference with noncompetition with former employees of plaintiff, infringement of IP, and ownership of patents.
Successfully represented plaintiff in suit against former employees alleging violation of noncompete agreement and breach of duty of loyalty.
Obtained consent injunction against former executive for violation of the federal Computer Fraud and Abuse Act, arising out of the executive’s departure from employment with dozens of devices containing company data.
On appeal, reversed trial court’s denial of preliminary injunctive relief in noncompete action against client’s former employee and established the standard in Alabama for proving irreparable injury in the noncompetition context.
Obtained summary judgment on all claims for defendant in software case alleging trade secret misappropriation and violation of noncompetition covenants.
Obtained seven-year permanent injunction against client’s former chief technical officer in attempting to use company’s technology in a competing manufacturing operation with one of its distributors. Case was notable both for the length of the injunction granted and because the case raised for the first time in Alabama the inevitable disclosure doctrine.
Successfully defended numerous defendants in bet-the-company litigation involving allegations of trade secret misappropriation, breach of noncompete and nondisclosure agreements, and numerous state law tort claims. After obtaining summary judgment on all counts and an attorney fee award, settled case favorably for clients on eve of trial of their counterclaims against original plaintiffs.
Successfully represented clients in noncompetition cases in courts in Mississippi, Georgia, Florida, Arkansas, Texas, South Carolina, Wisconsin, Tennessee, Alabama, and Pennsylvania.
Obtained a $16 million jury verdict in a tortious interference action in Davidson County, Tennessee.
Received a favorable jury verdict in a noncompete and trade secrets matter in the U.S. District Court for the Western District of Texas.
Successfully defended international financial services company in raiding case against a German multinational investment bank in week-long trial.
Successfully represented legacy Rauscher Pierce and Smith Barney in more than 10 raiding cases.
Represent large broker-dealer defending several FINRA arbitrations asserting claims of unsuitability, unauthorized trading, churning, fraud, and other claims relating to the sale of structured products and other securities.
Represent registered representatives defending FINRA investigations concerning “off-channel” communications and alleged books and records violations.
Represent national broker-dealer in FINRA investigations concerning supervision and other issues.
Represent registered representatives in connection with state registration and regulatory issues.
Serve as counsel for multiple financial advisors in SEC and FINRA regulatory inquiries relating to the use of “off channel” communications.
Currently represent a registered investment adviser in an investigation before the Mississippi Securities Division.
Obtained a dismissal on the pleadings in federal court on behalf of a large broker-dealer facing claims of securities fraud, misrepresentation, breach of contract, and negligence involving the sale of a life insurance product.
Defended large broker-dealer facing multiple underwriting and suitability claims before FINRA involving the sale of government bonds and closed-end government bond funds in Puerto Rico and other jurisdictions.
Defended broker-dealer facing fraud and breach of contract claims involving the purchase of a competing broker’s private client group.
Represented financial institution and other business clients in Ponzi scheme-related investigations and litigation.
Preserved opinion affirming the dismissal of state law securities fraud claims as preempted by the Securities Litigation Uniform Standards Act.
Obtained opinion regarding the permissive scope of a bar order under the PSLRA and the controlling effect of pre-PSLRA precedent, an issue later conclusively determined by the Eleventh Circuit in a different case.
Represented broker-dealer in a consumer securities dispute before the American Arbitration Association.
Obtained an order dismissing clients from a securities action in the U.S. District Court for the Northern District of Texas.
Represented a mutual fund adviser in an SEC investigation regarding various disclosure issues.
Led prosecution of claims for breach of fiduciary duty on behalf of one of world’s largest corporations, argued against and defeated multiple summary judgment motions brought against client, and obtained favorable confidential settlement.
Represented a COO and general counsel of Dallas-based REIT in connection with alleged accounting and offering fraud, and successfully navigated parallel SEC and DOJ investigations without any charges.
Represented broker-dealer in a multi-year investigation conducted by the Mississippi Securities Division.
Successfully represented Dallas-based private equity adviser in connection with multiple ongoing investigations by the SEC, DOJ and state attorneys general into allegations of “pay-to-play" in connection with obtaining and maintaining business from public pension funds in California, New York and New Mexico.
Successfully represented the principal of a Houston-based hedge fund in connection with an SEC insider trading investigation alleging ill-gotten gains in excess of $20 million.
Successfully defended investment advisory firm and its directors in six separate securities fraud suits involving more than $250 million in alleged compensatory damages in California, Delaware, Maryland, North Carolina, and Texas, as well as a parallel inquiry from the SEC.
Successfully represented directors and officers in connection with a complex internal investigation and component securities fraud investigation and action by the SEC, DOJ, and U.S. Postal Service.
Successfully defended private equity firm in a shareholder derivative and minority shareholder oppression lawsuit.
Represented numerous broker-dealers and registered investment advisers in FINRA enforcement investigations and proceedings.
Represented numerous broker-dealers and registered investment advisers in state securities enforcement investigations and actions in multiple jurisdictions.
Obtained a multimillion-dollar settlement for multiple investors in securities fraud and negligent misrepresentation claims against officers and directors of a bankrupt electronic medical records company.
Represented the president of several closely held companies valued in the range of $50 million in shareholder and director disputes between the two shareholders.
Worked closely with underwriters’ counsel in defending a Securities Act class action filed in Texas state court against corporate affiliates, individual officers, and several underwriter defendants. Following coordinated discovery and motion practice among the defendants, our team successfully reversed the trial court’s denial of a motion to transfer venue as to the domestic entities.
Led prosecution of securities fraud case brought on behalf of individual against international corporation, its officers and directors, and its underwriters in connection with an IPO; obtained $5.25 million settlement (net to the client was approximately $3.75 million).
Represented a broker-dealer involved in large-scale FINRA arbitration involving the underwriting and sale of Puerto Rico government bonds and closed-end bond funds.