dcsimg Broker-Dealers and Investment Advisers

Broker-Dealers and Investment Advisers

McGuireWoods’ experienced broker-dealers and investment advisers regulatory compliance and defense team guides clients through the complex and continually evolving issues confronting the securities industry. The team is composed of former government insiders and senior in-house counsel, as well as accomplished litigators who have achieved exceptional results for their clients.

Our attorneys stay apprised of proposed and newly adopted laws, rules and interpretations, to help ensure that our clients are in compliance with their regulatory obligations. We advise on a range of issues, including research, sales and trading practices, fiduciary duty, structured products, supervisory controls, registration, order and trade reporting, soft dollars, information barriers, conflicts of interest, and insider trading. We regularly conduct internal investigations and audits, advise clients on establishing and strengthening compliance and supervisory programs, and provide training to clients’ employees.

On the defense front, we represent clients involved in regulatory examinations and investigations by the Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA), Department of Justice (DOJ), Congress, state attorneys general, and other federal and state civil and criminal regulators. Our national litigation team vigorously defends brokerage firms and their employees against claims relating to fraud, suitability, negligence, trading errors, selling away, breach of contract, trade secrets and corporate raiding.

In addition to subject matter experience, litigation and government investigations often require large-scale document collection and review. Discovery on these matters is handled efficiently and cost effectively through our Discovery Counsel Services (DCS) practice. Led by McGuireWoods attorneys, DCS includes stand-alone e-discovery facilities that can house up to 220 contract attorneys using state-of-the-art technology.

Regulatory Compliance

Brokers-dealers, investment advisers, hedge funds, banks and issuers regularly seek our advice on the full spectrum of regulatory, business and compliance issues. Because we have looked at securities issues from the viewpoint of the government, in-house counsel and private practice, we have an in-depth understanding of the industry and markets.

We have counseled clients on a range of regulatory issues, including investment banking activities; research, sales and trading practices; supervisory controls; registration; order and trade reporting; statutory disqualifications; referral agreements; information barriers; conflicts of interest; issuer repurchases; prime brokerage; Regulation S-P; subordinated loan agreements; soft dollars; anti-money laundering; and insider trading.

We also work closely with clients on the structure and sale of new securities products to comply with regulatory requirements. Our team also regularly conducts internal investigations and audits, which helps clients strengthen compliance and supervisory programs, or prepare for regulatory examinations.

Inquiries and Investigations

Representation of clients in securities-related inquiries and investigations presents distinct challenges. It also requires strategies different from those typically employed in civil or commercial disputes. The mere initiation of an enforcement action by a regulator can cause extensive harm to a client’s reputation or business prospects. Attorneys handling these matters require unique approaches and skill-sets in order to best position clients’ interests from the first document request to the ultimate resolution.

Our team members bring broad perspectives and practical approaches to advising clients, having spent many years with government agencies, in private practice, and in senior in-house legal positions. We draw on this experience to help clients negotiate an increasingly complex array of regulatory requirements. Our attorneys hail from the SEC’s Divisions of Enforcement and Trading and Markets, FINRA’s Enforcement Department, Market Regulation and Member Regulation and NASDAQ’s Regulatory Group.

We have extensive experience representing clients in enforcement investigations and proceedings initiated by the SEC, FINRA, NYSE Regulation, and other state and federal regulators. We have experience representing clients at every stage of these matters – from informal inquiries through investigations, disciplinary proceedings and appeals. We also defend individual and institutional clients in parallel investigations by state and federal criminal authorities.

Litigation/Arbitration

The pressures and challenges confronted by companies conducting business in these times of heightened public awareness and increased SEC scrutiny require the counsel of experienced securities litigation attorneys. McGuireWoods has significant experience in national securities litigation that extends to numerous representations of broker-dealers, investment advisers, banks and issuers.

Clients have trusted our ability to represent them in matters before federal and state courts, the Center for Multi-district Litigation, FINRA and AAA arbitrations and mediations. Our experience encompasses all aspects of the expanding services offered by financial institutions, including recent cases involving securities fraud, sales practice violations, ERISA investment standards, failed asset securitizations and defaulted syndicated loans.

CONTACTS

Anitra T. Cassas Partner T: +1 804 775 4727
Edward G. Rosenblatt Senior Counsel T: +1 704 343 2341
Results 1-20 of 29
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Fortune 50 financial institution

Represented Fortune 50 financial institution in consolidated securities fraud litigation in Oklahoma state court arising from the bankruptcy of the nation’s largest servicer of defaulted credit card receivables until its financial collapse.
Representative Matter

Broker-dealer

Representation of broker-dealers in ex parte proceedings in federal and state courts to obtain orders allowing mirror imaging of competitors’ computers to determine the presence of misappropriated confidential and trade secret information.
Representative Matter

Two investment banking firms

Representation of two investment banking firms in obtaining dismissal of multimillion-dollar claims alleging fraud, breach of contract, negligence and breach of fiduciary duty in connection with an IPO.
Representative Matter

National securities firm

Representation of a national securities firm in connection with an NYSE investigation and civil action seeking damages arising from alleged embezzlement from the customer’s brokerage account.
Representative Matter

Major financial institution

Representation of a major financial institution in connection with a FINRA enforcement action for violations of registration requirements.
Representative Matter

Broker-dealer

Representation of a broker-dealer in connection with NYSE Regulation enforcement actions for prospectus delivery and blue sheet reporting violations.
Representative Matter

Broker-dealer

Representation of a broker-dealer in connection with FINRA enforcement actions for order reporting, continuing education and selling-away violations.
Representative Matter

International financial services firm

Conducted multiple internal investigations into allegations of insider trading and proprietary trading violations at international financial services firms.
Representative Matter

National securities firm

Representation of a national securities firm in connection with an NYSE investigation and civil action brought by the estate of a former customer seeking damages arising from alleged embezzlement from the customer’s brokerage account.
Representative Matter

National securities brokerage firms

Representation of national securities brokerage firms in multiple cases involving defections of brokers in violation of covenants not to compete.
Representative Matter

Large financial institution

Representation of a large financial institution in mortgage fraud investigations by the DOJ and various state regulators.
Representative Matter

Multiple financial institutions

Representation of multiple financial institutions in connection with state and federal investigations regarding the sale of auction-rate securities.
Representative Matter

Multiple companies

Advised on social media outlets, websites, advertising and other communications with the public.
Representative Matter

Multiple companies

Drafting and negotiating various agreements, including engagement letters, electronic trading, clearing, exchange membership and vendor agreements.
Representative Matter

Multiple companies

Representation of companies in connection with the acquisition of or merger with a broker-dealer or investment adviser.
Representative Matter

Major financial institution

Representation of a major financial institution in AAA arbitration over the transfer of retirement plans to a successor provider.
Representative Matter

Registered representatives

Representation of registered representative in a FINRA arbitration involving retail trading and brokerage firm sales practices.
Representative Matter

Several investment banks, hedge funds and issuers

Representation of several investment banks, hedge funds and issuers in connection with SEC, FINRA, and NYSE Regulation investigations relating to insider trading.
Representative Matter

Broker-dealer

Representation of a broker-dealer in connection with claims against former employees and new employer for misappropriation of trade secrets, breach of fiduciary duty, breach of contract and tortious interference.
Representative Matter

Broker-dealer

Representation of broker-dealer in a FINRA arbitration involving claims of breach of fiduciary duty, breach of contract, negligence and common law fraud.
Results 1-20 of 29
Results 1-25 of 30
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John S Barr John S. Barr
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4709
F: +1 804 698 2238
vCard
Austin F Breen Austin F. Breen
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8963
F: +1 704 353 6198
vCard
Anitra T Cassas Anitra T. Cassas
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4727
F: +1 804 698 2000
vCard
Jeffrey J Chapman Jeffrey J. Chapman
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7060
F: +1 212 715 6277
vCard
Robert A Crawford Robert A. Crawford
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2264
F: +1 704 353 6155
vCard
Mehboob R Dossa Mehboob R. Dossa
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1627
F: +44 20 7632 1638
vCard
Elizabeth Edwards Elizabeth F. Edwards
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4390
F: +1 804 698 2045
vCard
Jennifer Farer Jennifer L. Farer
Associate
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1708
F: +1 202 828 3336
vCard
Jeremy D Freeman Jeremy D. Freeman
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7008
F: +1 212 715 6269
vCard
Louis Greenstein Louis D. Greenstein
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 2415
F: +1 202 828 3310
vCard
Nova D Harb Nova D. Harb
Associate
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 2639
F: +1 904 798 3260
vCard
Mark W Kinghorn Mark W. Kinghorn
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2102
F: +1 704 444 8855
vCard
Mark A Kromkowski Mark A. Kromkowski
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8170
F: +1 312 698 4548
vCard
Nicholas B. Lewis Nicholas B. Lewis
Associate
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1771
F: +1 202 828 3306
vCard
Jasmine C. Marchant
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2215
F: +1 703 444 8782
vCard
Anne Bentley McCray
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1037
F: +1 804 698 2087
vCard
John G McDonald John G. McDonald
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 704 343 2276
F: +1 704 444 8753
vCard

T:+1 212 548 2176
F: +1 704 444 8753

Hardeep S Nahal Hardeep S. Nahal
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1680
F: +44 20 7632 1638
vCard
Philip J Newhouse Philip J. Newhouse
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1677
F: +44 20 7632 1638
vCard
David H Pankey David H. Pankey
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1716
F: +1 202 828 2984
vCard
Robert Plotkin Robert Plotkin
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 202 857 1750
F: +1 202 828 2970
vCard

T:+1 212 548 7098
F: +1 212 548 2150

Susan C Rodriguez Susan C. Rodriguez
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2303
F: +1 704 444 8788
vCard
Ed Rosenblatt Edward G. Rosenblatt
Senior Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2341
F: +1 704 373 8837
vCard
K. Elizabeth Sieg K. Elizabeth Sieg
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1137
F: +1 804 698 2257
vCard
R. Gordon Smith R. Gordon Smith
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4347
F: +1 804 698 2176
vCard
Results 1-20 of 23
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