Banks, brokers, and other institutions in the financial services industry are experiencing an unprecedented level of scrutiny. Whether trying to comply with increasingly onerous regulations or seeking to successfully navigate government investigation, simply doing business is a minefield. Investors faced with complex investment options often have little choice but to rely on the recommendations and planning provided by investment professionals—reliance that is occasionally misplaced or induced by fraud. Preti Flaherty’s Financial Industry Litigation & Arbitration practice group offers vital representation in financial services disputes, securities litigation, and arbitration. Our trial lawyers represent investors, financial advisors, broker-dealers, registered investment advisors, banks, and other financial institutions on regulatory matters, litigation, arbitration, and compliance counseling.

Capitalizing on Experience

Our experience includes the full gamut of claims and a broad range of investments. We have handled claims of unsuitable investment recommendations, breach of fiduciary duty, churning, unauthorized trading, failure to supervise, elder abuse, negligence, and securities fraud.

Our track record in securities disputes speaks for itself:

  • Jury award of $7.5 million against national bank for failure to provide financial and investment advice to client, Fleet National Bank v. Mayeux, Docket No. CV-03-247
  • Settlement involving financial advisor’s abuse of power of attorney from a cognitively impaired senior investor
  • Award at arbitration for financial advisor’s unsuitable recommendation to mortgage the investor’s home to buy speculative stocks, Gregoire v. Morgan Stanley DW, Inc., NASD-DR No. 04-06425
  • Restitution from an insurance company for unsuitable sale of deferred equity indexed annuity to an elderly widow with few assets
  • Award at arbitration for unauthorized trading and weak data security procedures when investor’s family member gained online access to investor’s retirement account, Landry vs. Fidelity Brokerage Services LLC Co., FINRA Case ID 13-00523
  • Settlement involving insurance agent having induced an senior investor with dementia, to surrender high yield annuities to buy whole life insurance causing capital gains tax liability and income loss
  • Settlement involving brokerage firm responsible for recommending penny stocks and other speculative investments to senior investor
  • Award at arbitration in eight figure securities fraud claim against seller of substantial manufacturing company, Kingspan Holdings US, Inc. v. Daniel R. Baker et al., American Arbitration Association, Case No. 50 T 168 00487 1

Comprehensive Advocacy

We provide sophisticated counsel on a broad array of investment scenarios, including stocks, options, mutual funds, bonds, complex structured products, annuities, life insurance, REITs, private placements, variable life insurance, and variable annuities. We  also assist financial institutions with regulatory investigations and enforcement actions involving state regulators in Maine and New Hampshire.

Any highly regulated industry face challenges. But challenges should not be obstacles to success. They should be opportunities for creative strategy and action that results in long-term returns. Our attorneys know how to turn adversity into advantage. With a mix of diverse experience and innovative tactics, we have built our reputation on delivering for our clients, helping them to leverage every challenge into a chance to prosper.

Firm Highlights

Press Coverage

Court Orders State Police to Reveal More Details About Misconduct by Troopers

Previously concealed records of trooper misconduct by the Maine State Police must be provided in response to public records requests by the press, according to a ruling by Judge William R. Anderson of Penobscot Superior...

News

Preti Flaherty Files Human Trafficking and Forced Labor Lawsuit Against Church of Scientology

Preti Flaherty attorneys Greg Hansel, Shana Solomon, and Ellie Quinby filed a human trafficking and forced labor lawsuit against the Church of Scientology on behalf of three plaintiffs claiming decades of forced labor, intimidation, coercion...

Press Coverage

Maine State Police Announces Restructuring After 3 Weeks of Declining to Share Details

On June 10, the Maine State Police announced plans to reorganize troop deployment and delegation of manpower in line with revised law enforcement priorities. The announcement follows several weeks of secretive posturing and a lack...

Press Coverage

Five Major Norwegian Salmon Companies Agree to $85 Million Settlement in Antitrust Case

Preti Flaherty announced today that a Miami federal Court has granted preliminary approval to an $85 million settlement agreement in an antitrust case involving alleged price fixing of farmed salmon sold in the United...

Publication

Changes Affecting Employment Authorization for L-2, E, and H-4 Dependent Spouses

On November 12, 2021, USCIS announced that L-2 and E dependent spouses are no longer required to apply for an EAD to work in the United States. Instead, L-2 and E dependent spouses are...

Publication

How Does the Collapse of Roe v. Wade Impact Employer Health Plans?

On June 24, 2022, the U.S. Supreme Court overturned its prior decisions in  Roe v. Wade  and  Planned Parenthood v. Casey , which held that the U.S. Constitution prohibits states from banning abortion or...

News

Sixteen Preti Flaherty Attorneys Selected as Chambers USA Leaders in Their Field

Sixteen Preti Flaherty attorneys and six practice groups have been selected for inclusion in the 2022 Chambers USA Guide to America's Leading Lawyers for Business , the highly regarded directory of leading attorneys and...

Publication

What Are My Options If My H-1B Registration Was Not Selected?

The H-1B nonimmigrant visa category allows employers to sponsor foreign nationals performing work in a “specialty occupation.” This typically requires an offer of employment in a job requiring at least a U.S. bachelor’s degree...

Publication

Primary Round-Up

Primary Round-Up As you are probably aware, primary elections in Maine took place on Tuesday, June 14, and there were a handful that could be significant to the general election outcome in November. Congressional...

News

Racial Justice Fund Seeks Applications for Second Round of Grants

The Maine Justice Foundation is pleased to announce the second round of grants from the Racial Justice Fund. The Foundation will accept applications for grants of up to $10,000 from June 1-15, 2022. The...