Broker/dealers, registered representatives, registered investment advisors and other financial professionals frequently 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.
Our experience and extensive knowledge of the financial industry includes attorneys whose backgrounds include formerly licensed Series 7/63 holders and certified public accountancy, giving us “insider” knowledge of industry practices and the complex statutes, rules and regulations governing this often-volatile industry.
Foley & Mansfield represents broker/dealer organizations in FINRA matters, additional financial entities in SEC and securities-related actions, and serves as local counsel for various entities needing value-based support for multi-jurisdictional matters. We offer the appropriate negotiation, mediation or litigation strategies necessary to resolve issues related to insurance coverage and liability. Our experience encompasses a wide range of compliance issues and disputes, including:
- Asset Allocation
- Breach of Fiduciary Duty
- Disciplinary Actions and Wells Submissions
- Employee Stock Options
- Employment Claims/Non-Competes
- Excessive Activity
- FINRA Enforcement Actions
- Margin Trading
- Misrepresentations & Omissions
- Mutual Fund Fraud
- On the Record Interviews
- Ponzi and Pyramid Schemes
- Private Placements
- SEC Enforcement Actions
- State Regulatory Enforcement Actions
- Unauthorized Trading
The business attorneys of Foley & Mansfield 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. This proactive approach is especially crucial in the case of SEC investigations, which can involve parallel criminal charges.
We are active in many industry, professional and civic organizations, and frequently contribute to industry publications, conduct seminars and workshops, and support additional educational and networking initiatives. We also conduct training for financial services organizations, whether formal seminars or informal "lunch and learn" presentations. Please contact us for more information.