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Securities Arbitration and Litigation

When your business is faced with securities law issues, working closely with an attorney who will explain clearly all requirements, options and consequences can help to ensure that you make decisions that are in the business' best interests. Contact our firm to schedule a consultation and case evaluation with an experienced securities attorney.

Experienced New York City Securities Litigation Firm — Nationally Recognized

The law office of Timothy J. Dennin, P.C. offers skilled, focused and thorough representation of private investors who have lost investments as a result of broker misconduct or financial investment advisor misconduct or other unlawful violations of securities law.

Attorney Timothy J. Dennin has received significant settlements and awards on behalf of his clients, and he has a track record in securities arbitration from 1990 to January of 2009 of winning 84 percent of his arbitration cases, with an average of more than 95 percent of the amount requested.

Read more about securities arbitration and litigation in this easy-to-read and understandable information center below.

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Frequently Asked Questions about Securities Arbitration and Litigation

Q: What are securities?

A: The term "securities" covers a number of different instruments including stocks, mutual funds, bonds, notes, debentures, investment contracts, treasury stocks and transferable shares.

Q: What is securities fraud?

A: Securities fraud is a scheme or artifice to defraud a person in connection with the sale of securities. It is also known as investment fraud, and it is the intentional deception of investors that results in financial gain. Companies can commit securities fraud by disseminating false or misleading information to the public. A broker-dealer can also commit securities fraud by breaching his or her duty to disclose relevant information to clients and failing to look out for the clients' best interests.

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Securities Arbitration and Litigation - An Overview

The term "securities" covers a number of different instruments including stocks, mutual funds, bonds, notes, debentures, investment contracts, treasury stocks and transferable shares. When investors lose money because of violations of securities laws by a company, broker-dealer or analyst, they can bring a private suit to hold the defendant civilly liable and recover damages. Litigation and arbitration over violations of federal and state securities laws can be complex, expensive and time consuming. It is important to discuss your situation and potential claims with a lawyer who has experience handling securities cases.

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Securities Litigation - Claims and Defenses

There are a variety of claims that private plaintiffs can bring under federal securities laws. The following article briefly describes claims under various sections of the federal securities laws, as well as the defenses that may be available. Because of the complexity of these claims and the federal securities laws in general, it is important to have an experienced securities attorney evaluate your situation.

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Securities Arbitration

Arbitration is a form of alternative dispute resolution. Instead of your case being heard by a judge or jury in court, it is heard by a panel of one to three neutral arbitrators. The arbitrators will hear all the evidence and render a decision. In 1987, in Shearson v. McMahon, the U.S. Supreme Court held that agreements to submit securities disputes to arbitration were enforceable under the Federal Arbitration Act. Today, disputes between customers and broker-dealers are largely resolved in arbitration rather than in courts. Arbitration for these disputes is overseen by a self-regulatory organization such as the Financial Industry Regulatory Authority (FINRA) (formerly the National Association of Securities Dealers (NASD)). An attorney who has experience handling securities arbitration can review your situation and explain arbitration procedures to you.

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Establishing a Securities Case

There are a number of factual, procedural and legal issues that a plaintiff must consider before deciding whether to file a lawsuit for a violation of the federal or state securities laws. Potential plaintiffs and their lawyers should consider issues such as the applicable statute of limitations, the evidence supporting their claims, potential defenses that the defendant could raise and damages. An experienced securities lawyer can evaluate your situation and help you determine how to best proceed.

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Private Securities Litigation Reform Act

The Private Securities Litigation Reform Act of 1995 (PSLRA) was designed to prevent the "routine filing of lawsuits against issuers of securities and others whenever there is a significant change in an issuer's stock price, without regard to any underlying culpability of the issuer, and with only faint hope that the discovery process might lead eventually to some plausible cause of action…." H.R. Conf. Rep. No. 104-369 (1995), reprinted in 1995 U.S.C.C.A.N. 679, 730. The PSLRA established new rules for securities class actions and brought about several important changes affecting cases brought under the securities laws. This article provides a general overview of a few of the key provisions of the PSLRA. An experienced securities attorney can provide you with more guidance regarding the PSLRA.

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Securities Resource Links

NASDAQ
The world's largest electronic stock market.

New York Stock Exchange
Web site for the New York Stock Exchange.

American Stock Exchange
Web site for the American Stock Exchange.

Securities and Exchange Commission
The primary mission of the US Securities and Exchange Commission (SEC) is to protect investors and maintain the integrity of the securities markets.

EDGAR (database of SEC filings)
All foreign and domestic companies are required to file registration statements, periodic reports and other forms electronically through EDGAR. Anyone can access this information for free. Instructions for searching the EDGAR database are available on this site.

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Recent Reported Case Results

  • Securities Litigation: Jeffrey B. Sciallo et al. v. Tyco International Ltd. et al. | Settlement Amount: Subject to a Confidentiality Agreement
  • Financial Advisor Misconduct: Lyons v. Merrill Lynch and Phua Young | NASD Arbitration: Amount Requested: $625,000; Amount Awarded: $621,562, including $240,000 in punitive damages against Merrill Lynch and Phua Young (Merrill Lynch securities analyst) and $125,000 in interest plus expert witness fees.
  • Broker Misconduct: David and Jonathan Libman v. David Garfinkel, First Montauk Securities Corp. et.al. |NASD Arbitration: Amount Requested: $300,000; Amount Awarded: $284,000 plus interest.
  • On-Line Trading Securities Arbitration: Naomi Sayegh v. J. Peter Ricketts, Ameritrade, Inc., Ameritrade Holding, Corp., and Accutrade, Inc. | NASD Arbitration: Amount Requested: $156,000; Amount Awarded $44,600 plus interest
  • Annuities Violations: Nationwide Life Insurance Company v. Helen Constans Christopher Rutland and Barbara Grahams | Amount Awarded: $393,541.76 in compensatory damages and $800,000.00 in punitive damages

Timothy J. Dennin, P.C.
Manhattan Office
270 Madison Avenue, 13th Floor
New York, NY 10016
Phone: 866-664-8035
Fax: 212-688-6457
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Northport Office
316 Main Street
Northport, NY 11768
Phone: 866-780-0305
Fax: 631-261-0395
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Three Steps to Take

Organize.

Organize your account statements and all documents exchanged with your investment advisor that relate to the investments in question and obtain copies of your new account forms and any amendments thereto reflecting your risk tolerance, investment objectives and investment history.

Prepare.

Prepare a chronology of events detailing what was said when and by whom concerning the investments in question.

Contact.

Contact counsel experienced in securities arbitration and litigation concerning these issues.

Securities Attorney Timothy Dennin

At Timothy J. Dennin, P.C., with offices in Manhattan and in Northport, Long Island, we offer securities-related legal services to domestic investors in New York City, the Bronx, Queens, Brooklyn, Staten Island, Kings County, Queens County, Northport, Montauk, Long Island, Suffolk County, New York, Connecticut, New Jersey, Pennsylvania and nationwide; and international-based private investors and institutions.