We regularly collaborate with colleagues whose practices focus on ERISA, insurance and employment law, and thus can offer a holistic and seamless approach to problem-solving, dispute resolution and litigation.

The Wilson Elser team has handled all manner of customer dispute litigation at FINRA Dispute Resolution and in federal and state courts across the United States. We can quickly assess and evaluate claims and determine the best and most cost-effective litigation strategy. We have successfully represented claims involving traditional allegations of churning, unauthorized trading, overconcentration and unsuitable recommendations as well as more complex claims arising out of the sale of novel or complex products, Ponzi schemes and failed tax shelters. We know the laws and have worked with the players, including regulators, the plaintiffs’ bar, arbitrators, experts and other defense counsel. Thus, we are well positioned to resolve disputes. Our clients include small, mid-size and large national broker-dealers; investment advisers; and individual registered representatives – and we make each a priority.

We have experience with enforcement proceedings from virtually every angle. Indeed, our team includes former regulatory and government attorneys who have brought enforcement proceedings, as well as seasoned in-house counsel and defense counsel who have defended firms and individuals that found themselves in the crosshairs of regulators and prosecutors. Our experience allows us to effectively communicate with regulators and prosecutors and to determine when to negotiate and when to fight. We have successfully represented clients during federal grand jury investigations, FINRA investigations, SEC investigations and proceedings before state regulators. While we strive to resolve every inquiry without the need for formal action, our team members are, at their core, experienced trial attorneys who can and have successfully tried matters to conclusion when necessary.

In addition to representing clients during disputes, we regularly advise them on compliance issues and risk management issues in their own businesses. We have worked with clients to contain the risks inherent in their businesses by helping them evaluate their supervisory procedures, hiring procedures and product review processes.

Among other things, we advise clients on:

Wilson Elser’s attorneys draw on their considerable experience to assist clients in planning and executing internal investigations related to potential violations in securities, banking and other laws, as well as breaches of fiduciary duty. With deep knowledge of industry practices and relevant governing statutes, rules and regulations, our attorneys are proactive in helping to resolve suspected problems and make appropriate disclosures to regulators when warranted. We manage our clients’ sensitive internal investigations and, when requested, assist in dealing with the press and the public. In close collaboration with in-house counsel, Wilson Elser conducts investigations for major full-service and discount brokerage firms, investment advisers, boards of directors, audit committees and corporate management.

Wilson Elser’s Securities Practice has helped the firm’s clients successfully navigate all manner of industry disputes, including disputes between broker-dealers and between broker-dealers and registered representatives. We have successfully litigated a wide range of these disputes, including matters involving:

Our understanding of the securities industry, the Protocol and the unique rules that apply in FINRA arbitrations enables us to effectively and aggressively represent our clients in matters involving registered persons. We also have an in-depth understanding of the state and federal laws that affect employment matters and collaborate, when necessary, with our colleagues in the firm’s Employment & Labor Practice to get the best results for our clients. In addition, we actively pursue alternative dispute resolution and mediation as appropriate.