FINRA Arbitration and Regulatory Defense Lawyers

Regulatory Defense of FINRA, SEC and CFTC Matters

Herskovits PLLC is known for its tenacious defense of investigations, disciplinary proceedings and litigation initiated by Wall Street’s regulators. When it comes to FINRA matters, you will be hard-pressed to find a law firm with more broad-based experience. We routinely defend every aspect of the FINRA investigatory process, starting with a Rule 8210 request letter and continuing with an on-the-record interview. If FINRA is unwilling propose a settlement (called an Acceptance, Waiver and Consent, or AWC) on terms acceptable to you, we have taken FINRA to task in disciplinary proceedings. We are one of a relatively small group of law firms that has beaten FINRA on its home court. One of Herskovits PLLCs recent wins against FINRA was featured by InvestmentNews. Sometimes clients come to us with an adverse decision from a FINRA hearing panel. When it comes to appeals, Herskovits PLLC understands the intricacies of litigation before FINRAs appellate body, the National Adjudicatory Council.

When it comes to SEC investigations, we are routinely engaged by firms facing an SEC examination. Our goal is to avoid an enforcement matter by structuring appropriate remedial measures to address the SECs concerns. However, we are often called upon once the enforcement process has begun. We have substantial experience responding to SEC subpoenas, defending investigatory depositions, and structuring favorable settlements with the SEC.

Herskovits PLLC handles high-stakes litigation with the CFTC. We represent a lead defendant in the famed “NYMEX leak” case, which has received wide press coverage, including by the Wall Street Journal. Similar to our SEC practice, our goal is to avoid the cost of protracted litigation by structuring a resolution on terms favorable for our clients. However, if the regulator’s demands are unreasonable, we forcefully push back. In one case reported by Bloomberg we successfully convinced a federal judge to impose sanctions that were a fraction of the amount sought by the CFTC, and a number consistent with our offer.

Please feel free to contact us if you need a New York FINRA lawyer, New York SEC lawyer or New York CFTC lawyer.

Employment Litigation and Employee Transition Representation

Herskovits PLLC typically represents securities industry employees in litigation or FINRA arbitration concerning bonus or incentive compensation disputes, expungement of customer claims (Form U4) or termination disclosures (Form U5) and defense of litigation emanating from transitioning from one employer to another.

Herskovits PLLC represents investment bankers, traders, senior executives and research analysts in bonus and incentive compensation disputes. Unlike many other industries, Wall Street executives rely upon year-end bonuses as a substantial part of their overall compensation. Although many firm’s characterize these bonuses as discretionary, investment banks and hedge funds are notorious for gamesmanship in an effort to avoid paying bonus or incentive compensation. Whether or not the firm views these bonuses as discretionary, awarding annual bonuses is the norm on Wall Street and executives have the legal right to “quantum meruit” – which is fair value for services performed. At Herskovits PLLC, we aggressively fight for every dollar that is being wrongfully withholding.

Herskovits PLLC has a wealth of experience covering all facets of the issues arising from transitioning from one firm to another. We counsel advisors on contract issues and compliance with the Protocol for Broker Recruiting. As reported by AdvisorHub, Herskovits PLLC has been at the cutting-edge of litigation initiated by brokerage firm’s that have left the Protocol for Broker Recruiting, or limited their participation, and are seeking to enforce restrictive covenants in FAs contracts Of course, when it comes to defense of promissory note or forgivable loan cases, we have vast experience on both sides of those types of cases.

Herskovits PLLC has successfully represented many financial advisors in expungement arbitration claims. False or defamatory information on CRD hurts careers. Regulators make investigatory decisions based on information disclosed on Form U4 or Form U5. Potential employers make hiring decisions based on that same information. And competing financial advisors will often direct customers to BrokerCheck in an effort to poach business from an FA with disclosures. Herskovits PLLC has a stellar track record of expunging customer complaints as well as false or defamatory termination disclosures.

Securities Arbitration and Whistleblower Practice

Herskovits PLLC has decades of experience with FINRA arbitration claims. Our institutional clients view us as their go-to New York FINRA arbitration attorneys. Our principal attorney, Rob Herskovits, is himself a FINRA arbitrator and has handled hundreds of FINRA arbitrations over the past 20 years with a long track record of success. Unlike certain lawyers, who only handle claims for investors or against investors, we proudly take the middle ground and handle both sides of the Street by filing claims on behalf of defrauded investors and defending investor claims for our institutional clients. We firmly believe that our clients benefit from having attorneys who understand the issues from both sides of a dispute.

We have litigated securities arbitration claims of every stripe, including claims for:

• Investment fraud
• Unsuitable investment recommendations
• Churning
• Over-concentration
• Market manipulation
• High-risk products, including private placements and real estate investment trusts
• Unauthorized trading

If you want to discuss a possible claim with an attorney or find out whether FINRA arbitration is warranted, please call us or submit a Contact Us form. Our New York FINRA arbitration lawyers can explain your options.

When it comes to whistleblower claims, experience is paramount. Herskovits PLLC is one a very small group of law firms that has collected a seven-figure bounty on behalf of an SEC whistleblower. Given our experience, our team knows how to present a whistleblower tip in a way that will interest the regulator. Contact us today to confidentially discuss your claim with a whistleblower attorney.