Representative Experience

• Settlement of FDIC Suit Against the Community Bank of Arizona

  Represented four outside directors in a lawsuit brought by the FDIC against the officers and directors of Community Bank of Arizona (the Bank) and in a declaratory judgment action by the Bank’s D&O carrier

• Success in Arbitration and On Appeal

  Represented Morgan Keegan in obtaining dismissal of customer claims against the firm in a FINRA arbitration, then successfully argued before the Tennessee Court of Appeals to have the zero award reinstated after it had been vacated by the local Chancery Court

• Defense of Product Failure Cases

  Represented Morgan Keegan in defense of more than 300 customer-initiated arbitrations in the wake of the failure of a family of mutual funds

• Raiding Case Before NASD Arbitration Panel Results in $6 Million Award

  Represented Duncan-Williams, Inc. in a raiding case against Coastal Securities, Inc., in which our client alleged that Coastal and former Duncan-Williams employees conspired to misappropriate, copy and delete documents in a raid of the Duncan-Williams public finance department

• Time-Barred Claims Dismissed in Arbitration and in Court

  Successful representation of Securities Service Network and one of its investment advisory representatives in obtaining dismissal of customer claims against the firm, first in a FINRA arbitration and then in a state court action

• Success Before the Sixth Circuit, Petition for Certiorari Defeated

  Successful representation of Securities Service Network, Inc., and its principal officer in an arbitration that was brought outside of the NASD’s (now FINRA’s) six year eligibility period

• Suitability Claims Dismissed in Arbitration

  Successful representation of Century Securities in a FINRA arbitration involving claims of unsuitably risky and inappropriate investment recommendations to the former trustee of a trust account

• Breach of Fiduciary Claims Dismissed

  Successful representation of Al Frank Asset Management and its Chief Investment Officer in an AAA arbitration involving claims of breach of fiduciary duty and improper use of margin

• Variable Annuity Claims Dismissed

  Successful representation of Banc of America Investment Services, Inc., and one of its agents in obtaining dismissal of customer claims relating to an allegedly unsuitable variable annuity purchase

• Concentration Claims Dismissed

  Successful representation of Whitney Securities, Inc., in obtaining dismissal of claims that a customer’s account was unsuitable concentrated in technology funds