Securities Litigation and Arbitration
Fowler White offers a national practice in the field of broker-dealer disputes. For more than 35 years, we have provided strategic, cost-effective litigation and arbitration services to leading national and regional brokerage firms, clearing firms, small public companies and corporate officers and directors.
Our team relies upon its far-reaching industry knowledge and significant experience to handle arbitration proceedings before self-regulatory organizations and litigation in state and federal courts. We regularly handle matters before the Financial Industry Regulatory Authority (FINRA), Securities and Exchange Commission (SEC), Municipal Securities Rulemaking Board (MSRB), National Futures Association (NFA), and courts in Florida, New York, California and Texas.
Our attorneys are actively involved in the three major areas that comprise broker-dealer litigation and arbitration:
- Customer disputes: We routinely defend against claims asserted by retail and institutional customers involving such allegations as misrepresentation, fraud, suitability, churning, unauthorized trading and failure to execute. Our experience encompasses a wide range of financial products, from limited partnerships, private placements and hedge funds to options, commodities and structured products.
- Employee disputes: Fowler White is also involved in the defense of employment-related claims including wrongful termination, discrimination, defamation and theft.
- Disputes with other firms: Our attorneys handle disputes between brokerage firms, most of which involve corporate raiding, breach of non-competition agreements, breach of non-solicitation agreements and misappropriation of trade secrets.
Fowler White’s attorneys are experienced in defending derivative actions arising from securities-related litigation. We represent companies and their directors and officers in claims alleging breach of fiduciary duties relating to changes in corporate control, stock option backdating issues, approval of corporate transactions, and allegations of corporate waste and entrenchment. We have litigated many such claims on behalf of insurers of director and officers liability policies. We work in collaboration with the insurance carriers to bring these matters to a swift and favorable resolution.
In addition, our attorneys help clients plan and execute internal investigations related to securities fraud, breach of fiduciary duty and accounting improprieties. Our industry insight and familiarity with governing statutes and regulations allow us to resolve complications and, when necessary, make appropriate disclosures to regulators.