Represented Korean securities firm and its Malaysian offshore subsidiaries in the United States District Court for the Southern District of New York in connection with claims of fraud, violation of Korean and of U.S. securities laws and Korean usury laws. Defended counterclaims alleging breach of contract arising from transaction and seeking damages in excess of $250 million.
Successfully represented member in broker dealer LLC in connection with the return of millions in capital withheld by broker dealer upon withdrawal by member.
Represented large custodial bank in connection with $4.6 billion matter brought by the SEC presently pending in the Southern District of New York. Claims involve right to indemnification in connection with liquidation of $40 billion money market fund.
Represent broker dealers and third party service providers in connection with residential mortgage backed securities litigation in National Class actions in Federal Court, State Court and before FINRA.
Represented large custodial bank as intervenor in dispute over allocation of liquidating funds' assets, and successfully interplead funds into the court registry.
Successfully compelled arbitration before Second Circuit between NASD members concerning a $70 million dispute over raiding, misappropriation of research reports and copyright infringement seminal decision on the issue of arbitrability of copyright disputes.
Represented a FINRA member and investment banking firm, in an action for breach of contract and other related claims, against a client who failed to pay placement fees from financing events. Claims involved timing of tail period. Recovered a judgment of over $1.3 million dollars for the client, in excess of 100% sought at settlement.
Represented one of nation's largest banks in over 100 cases nationally involving banking and securities issues.
Served as coordinating counsel for broker dealers in securities class action suit in the United States District Court for the District of Northern Texas. Claims were predicated upon alleged material misrepresentations in connection with the offering of convertible notes.
Asserted claims of fraud arising from a national warrant call and redemption. Action involved issues surrounding derivatives, warrant arbitrage and hedging and SEC Regulations concerning amendments to public offers.
Represented multi-billion dollar venture fund in connection with claims of breach of fiduciary duty and oppression of minority shareholder rights in New York Supreme Court. Claims centered upon a second round investment in a well-known Internet company.
Represented large national bank in dispute with bank lending group over syndicate loan. Successfully dismissed initial claims, including claim of breach of fiduciary duty. Claims exceeded $30 million.
Represented limited partnership in connection with derivatives hedge fund investment and side pocket dispute. Claims center on ISDA definitions, and exceed $20 million.
Represented 1031 trust company in connection with claims against 1031 exchangers associated with prosecution of FINRA arbitration concerning naked options and trading accounts.
Represented departing principal in connection with return of capital and control over structure of broker dealer.
Successfully defended nation's largest transfer agent in Texas District Court and Court of Appeals in action for declaratory relief with respect to ownership of certificates for shares valued at over $3 million held by transfer agent. Successfully defended transfer agent from subsequent claims of wrongful transfer under the Uniform Commercial Code. Action received considerable notoriety in Texas.
Represented a consortium of investors in connection with claims arising from the conversion of a mutual savings bank into a stock savings bank. Successfully argued appeal of Banking Commissioner's Decision denying clients' rights to purchase hundreds of thousands of new bank shares.
Defended prime brokerage firm in connection with claims of unlawful tapping of telephone calls on its trading desk in violation of California law. Successfully removed action from State Court, successfully stay action in favor of NASD Arbitration in Federal Court. Favorably settled matter for clients.
Served as lead counsel and represented transfer agent in the United States District Court for the Northern District of California (successfully removed from California Superior Court) in action predicated upon alleged mis-delivery of transmittal letter intended for exchange agent. Action stayed in favor of arbitration.
Successfully defeated two motions to dismiss breach of contract and fraud claims in connection with claims of $25 million wrongful warrant call by NASD issuer. Action stayed by bankruptcy of issuer.
Prosecuted action on behalf of broker-dealer based upon fraudulent conduct in connection with warrant call and redemption.
Defended financial institution in connection with claims of fraud and breach of contract in loan guarantees. Successfully conducted fairness hearing for national settlement in Southern District of New York for several days.
Obtained Appellate Court of Connecticut ruling that there is no jurisdiction over custodian of retirement investment accounts where defendant merely acted as custodian of accounts held by Connecticut residents without any other substantial interaction with the residents. Argued appeal. Appeal affirmed.
Served as lead counsel and represented transfer agent in the United States District Court for the Eastern District of Virginia in action seeking to enforce transfer of shares under Article 8 adverse claim proceeding.
Served as lead counsel and represented transfer agent in the United States District Court for the District of New Jersey in an action predicated upon breach of transfer agent agreement and indemnification for claims of wrongful transfer.
Represented transfer agent in United States Bankruptcy Court for the Central District of Texas in Chapter 11 bankruptcy proceedings.
Represented Multinational Corporation in securities litigation class action suits in the United States District Court for the Central District of California.
Represented large regional Clearing Corporation in connection with third party discovery.
Represented broker-dealers and individual financial advisors in customer arbitration involving, among other claims and securities, fixed-income instruments, options, churning, unsuitability, selling away, Exchange Act Section 10(b) and Rule 10b-5 and consumer fraud.