The Firm represents broker-dealers, registered brokers and investors in litigation matters in state and federal courts and the FINRA. The Firm has an active injunction practice both seeking and defending against injunctions involving non-competition and non-solicitation agreements. Arbitrations include issues of non-solicitation, non-competition, trade secrets and repayment of loans. Arbitrations also involve customer claims of suitability, churning, misrepresentation and failure to supervise. When swift resolution is not possible, the Firm has obtained significant awards for customers in FINRA arbitration. Illustrative matters include: - Representing brokers in broker recruitment litigation, including counseling on non-solicitation and trade secret obligations.
- Defeating or substantially narrowing motions from preliminary injunction brought against departing brokers who established a new competing firm.
- Securing injunctions against departing employees who seek to compete against the prior employer in violation of an enforceable non-competition agreement.
- Obtaining an award of $385,000 against a major brokerage firm in a case alleging breach of account agreement, conversion, discrimination and defamation;
- Obtaining a $90,000 award for a customer in a case against a regional New York broker asserting unsuitability, unauthorized trading and churning.
- Successfully defending brokers and broker-dealers in claims involving unsuitability of investments, churning and unauthorized trading.
- Successfully obtaining expungement orders from the NASD for brokers from a major brokerage firm in a case in which the claimant alleged damages in excess of $5 million.
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