Ohio Adjudicators Overrule Advisor’s Efforts to Avoid Arbitration Award Enforcement: UBS Financial Services, Inc. v. Lacava
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By Christopher G. Lazarini

*Under Ohio law, a creditor may seek to set aside a transfer by showing actual intent to defraud or constructive fraud.

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Explained Award Favors Customer in Flubbed Order Execution: Martin v. Wells Fargo Advisors LLC
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Martin v. Wells Fargo Advisors LLC, FINRA ID #14-02593 (Atlanta, GA, 12/16/15).

It’s been our observation that Explained Awards in customer-initiated cases occur primarily when the customer loses.

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Punitive Damages Explained Award: Max B. Tharpe Charitable Foundation, Inc. v. Holland
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Max B. Tharpe Charitable Foundation, Inc. v. Holland, FINRA ID #14-00200 (Boca Raton, FL, 7/29/15).

A majority of the Panel in this case awarded punitive damages and,

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Account Assets Go to Wrong Creditor, Contends Court: Candelario del Moral v. UBS Financial Services, Inc. of Puerto Rico
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By Pete S. Michaels

Where an account is both pledged as collateral for a bank loan and subject to a court order to pay the proceeds to a judgment debtor of the accountholder,

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Fraud and Contract Breaches are Two Wholly Different Things: Mashreqbank, PSC v. ING Group N.V.
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No. 13 Civ. 2318 (S.D. N.Y., 10/25/13). FRCP (Rule 8 “Fair Notice,” 12(b)(6) “Claim for Relief”) * Timeliness Issues (Contractual Limitations) * Sales Practice/Product Issues (Collateralized Debt Obligations) * Misrepresentations/Omissions * Pleading Requirements/Issues * Remedies (Punitive Damages).

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