Comprehensive Securities Litigation Skills
The Law Offices of Cary S. Lapidus‘ focus is to recover money for its clients who have been the victims of financial adviser incompetence, stockbroker and investment adviser misconduct, and breach of fiduciary duties or fraud. The firm’s work has resulted in a recovery of tens of millions of dollars in arbitration awards, judgments and settlements on behalf of hundreds of clients. Mr. Lapidus is recognized as one of the nation’s most effective litigators in the field of securities arbitration. For over 25 years, he has represented clients in FINRA, NASD, NYSE and American Arbitration Association proceedings against securities brokerage firms. He has achieved a monetary recovery, either through an award or settlement, on behalf of his clients in well over 90% of the cases in which he has been retained. Many of these recoveries have exceeded $1 million. For a detailed list of these recoveries, please explore the Case Results page of this website. For more information about Mr. Lapidus, please click on the Attorney Profile page of the website. Among the cases the firm has successfully handled are cases involving elder financial abuse, unsuitable recommendations, misrepresentation of facts, churning, unauthorized trading, margin abuse, lack of diversification, market manipulation, negligence and breach of fiduciary duty.
Broker And Financial Adviser Misconduct
Disreputable investment advisers can do more harm than good in many different ways. Although they have a duty to make financial recommendations that are in their customers’ best interests, brokers and investment advisors sometimes make decisions that ignore their client’s needs, investments objectives, or risk tolerance, or undertake trades that are aimed at increasing their own commissions rather than his protecting and increasing their clients’ wealth. Cary S. Lapidus has a proven track record of helping his clients recuperate considerable losses that happened as a result of fraud. For a detailed list of this track record, please explore the Testimonials page of this website. For more information about Mr. Lapidus, please click on the Attorney Profile page of the website.
Elder/Senior Citizen Financial Abuse
Cary Lapidus is particularly sensitive to the harm suffered by elders who are the victims of investment fraud or negligence. People who choose to find ways to cheat the elderly from their money are conducting elder abuse. According to California law, anyone over the age of 65 or older is an elderly person. Due to how vulnerable elderly adults can be from others cheating them from others, the California legislature decided to act to protect them. They created the Elder Abuse Act to help those who have suffered this financial abuse to create lawsuits to seek justice after their abuse. Many of these abuses are perpetrated by unscrupulous stockbrokers and investment advisers. The firm has represented numerous elders in cases involving unsuitable investment recommendations, churning, misrepresentations and omissions of facts, Ponzi schemes and insurance products. See the Case Results page for examples of our results in cases involving elders and senior citizens.
Employment Disputes Involving Securities Professionals
The firm’s second area of focus is the representation of securities professionals in employment disputes against their companies including cases involving compensation disputes, wrongful termination, regulatory matters and Form U-5 issues. In addition to bringing claims for monetary damages on behalf of professionals against their companies, the firm has assisted employees in the transition from one brokerage company to another by acting as an interface between the companies.
Expungement Of Form U-5 Language
The Law Offices of Cary S. Lapidus represents clients while negotiating Form U-5 language with securities firms before filing, or when necessary, in arbitrations pursuing expungement of Form U-5s containing inaccurate language. Such language can harm a registered representative’s reputation and may prevent him/her from obtaining employment with another firm in the securities industry.
Mr. Lapidus has substantial experience and a proven track record in successfully obtaining relief for registered representatives who have false or inaccurate language placed on their Form U-5. For example, the firm won expungement relief for a registered representative formerly employed by JP Morgan Securities who was seeking expungement of false and/or defamatory language placed on her Form U-5. After a full evidentiary hearing, a FINRA arbitration panel ordered that the false language be expunged and replaced with language that stated that the registered representative did not violate any rules, regulations or industry standards of conduct and that JP Morgan Chase conducted a deficient investigation concerning the registered representative in connection with her termination. In addition, the FINRA arbitration panel awarded the registered representative $350,000 in compensatory damages. Bourdev v. JPMorgan Securities, FINRA Case No. 14-01086.
In other cases, the Law Offices of Cary S. Lapidus has successfully negotiated the language that securities firms will place on a registered representative’s Form U-5 before the Form is filed with FINRA and placed into the CRD system thereby avoiding a time consuming and expensive arbitration proceeding. Often, registered representatives become the subjects of investigations by FINRA’s Enforcement Department after negative language is included on their Form U-5s. The Law Offices of Cary S. Lapidus represents financial professionals when they face inquiry, investigation and enforcement actions taken by FINRA and the SEC. This representation includes on-the-record interviews and testimony as well as negotiations with the regulators to obtain the best result possible through FINRA Acceptance, Waiver and Consent (“AWC”) and SEC settlements comprising a consent, judgment, injunction or administrative order. Mr. Lapidus’ experience and knowledge as a former SEC Enforcement Attorney has allowed him to successfully represent clients in governmental and self-regulatory organizations’ investigations and inquiries.
If you are a registered representative with a false or inaccurate disclosure on your Form U-5, contact Cary S. Lapidus at 415-296-7101 or via email.
Expert Witness For Securities-Related Standard Of Care Issues And SEC Enforcement Matters
Mr. Lapidus has been retained as an expert witness to advise and testify on matters involving the standard of care of attorneys in securities arbitration cases as well as SEC enforcement and regulatory procedures.
Complex Commercial Litigation
The Firm represent clients in a variety of securities-related business disputes, including those involving partnerships, close corporations, breach of contract, fraud and negligent misrepresentation. The firm’s focus in this area is primarily representing individuals and small companies. Many of these cases must go to arbitration before FINRA arbitrators because of arbitration provisions contained in agreements signed by the parties. The Law Offices of Cary S. Lapidus has successfully represented clients in securities arbitration matters in all of the major arbitration forums including FINRA, the NYSE, JAMS and the American Arbitration Association. Mr. Lapidus understands the intricacies the arbitration rules of each forum and how to apply these rules to achieve the best results for each client.
Co-Counsel For Attorneys In Securities Arbitration And Litigation Cases
In many cases, attorneys who need assistance trying a case to its conclusion have called upon Mr. Lapidus to serve as co-counsel. In some instances, Mr. Lapidus is retained to provide his experience and expertise at mediation sessions and settlement negotiations. The firm works with co-counsel on a flexible basis to achieve the best results possible, usually at no additional cost to the client.
Contact An Attorney You Can Count On
If you are facing securities law issues, choose someone you can trust to guide you through issues involving expungement, defamation, termination, and compensation disputes. Contact Mr. Lapidus for assistance with securities arbitration law, securities litigation, broker misconduct, investment adviser misconduct and investment losses.