Claims of Unauthorized Trades Fail to Move Beyond the Pleading Stage: McClellon v. Wells Fargo
on

By Paul J. Dubow

*A claim of unauthorized trading will be dismissed if the plaintiff fails to allege that he was injured thereby.

...Read More

Too Many Beneficiaries Spoil the Distribution — Leads to Interpleader: UBS Financial v. Aliberti
on

By Christopher G. Lazarini

A financial institution holding a self-directed IRA owes no fiduciary duty to the account owner; however,

...Read More

Real Estate Investors Lose Opportunity to Sue Over Property By Waiting Too Long to Notify Defendants: NNN Durham Office Portfolio 1, LLC vs. Grubb & Ellis Co. & Grubb & Ellis Securities, Inc.
on

By Jeremy Root

Under North Carolina law, where a contract gives a party a unilateral option to do something, such as excluding claims from a settlement,

...Read More

Prescription Issues Limit Louisiana Investor’s Claims Against Broker-Dealer: Patin v. Aegis Capital Corp.
on

By Jack D. Ballard

*When a brokerage account loses half of its value, the account holder is put on notice of the need to investigate the reason for the loss.

...Read More

Post Image
Securities Suit Settlement Agreement Unsettles Underwriter Indemnifier: Long Beach Securities Corp. v. NCUAB
on

By Ben Suter

*A clause of a settlement agreement that protects a party against a third party who “successfully asserts” a claim requires more than voluntary settlement of that claim.

...Read More

Post Image
Prior Guilty Plea Helps Cement Broker’s Fate in Rule 10b-5 Civil Action: Charney v. Wilkov
on

By Jill I. Gross

*Where third parties’ criminal conduct is a foreseeable consequence of a broker’s negligent due diligence and misrepresentations,

...Read More

Read Our Recent Blog