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Results

  • Defense Verdict Secured in FINRA Arbitration Matter

    We obtained a defense verdict in a FINRA arbitration where the claimant donated approximately $600,000 to a donor advised fund in 2012 and took a tax deduction. The claimant alleged that the donor advised fund was mismanaged and lost approximately $140,000 in value in 2022. We defended the fund’s managers in the case based upon the claimant’s lack of standing once the funds were donated. Further, we presented evidence through the respondent’s testimony that the account was managed in accordance with the goals and objectives set for the account. In addition, we presented evidence that the account was overall profitable and performed better than the S&P 500 index during the relevant time period.

  • Secured Defense Verdict In Richmond FINRA Arbitration

    Defense award obtained on behalf of our client, a registered investment advisor, in a FINRA arbitration involving alleged mismanagement and lack of transparency concerning a Donor Advised Fund. The arbitration panel denied the claims in their entirety and recommended expungement of the claim from our client's registration records.  

  • Dismissal Affirmed Obtained in a Lawyers’ Professional Liability Case

    We secured an Appellate Division decision affirming the trial court’s order dismissing a fraud and fraudulent concealment case filed against various attorneys and broker dealers. In its decision, the Appellate Division agreed with the trial court’s orders and opinions dismissing the case based on entire controversy, collateral estoppel and litigation privilege grounds. In this comprehensive decision, the Appellate Division held that the plaintiff’s claims were mirrored claims that had been fully litigated in a prior proceeding, where our clients either represented the litigants in the first case or were directly involved in the first case as defendants.

  • Defense Award Following Six-Week FINRA Hearing

    We obtained a defense award on a six-week FINRA hearing where our client, a General Agent, faced an alleged defamation/conversion/wrongful termination claim. The claimants contended that our client not only wrongfully discharged them after discovering their involvement in a bank-owned life insurance transaction, but also converted their trails and commissions, and defamed them on their U-5 form published through FINRA BrokerCheck. Damages totaling $15 million and punitive damages were sought by the three claimants. While the panel awarded $8 million in damages against the firm they were affiliated with, we obtained a defense award on all counts and dismissal of all claims for punitive damages on behalf of our General Agent client.

  • Secured Defense Verdict in Ohio FINRA Arbitration

    We won a defense verdict for a financial advisor in a FINRA arbitration over claims of unauthorized trading and breach of fiduciary duty. Defense award in a binding FINRA arbitration in Columbus, Ohio on behalf of a financial advisor. The Claimant alleged unauthorized trading and breach of fiduciary duty in connection with individual stock trades. The Claimant further alleged breach of fiduciary duty in relation to the financial advisor’s recommendation that the account be changed from a commission based to an advisory fee-based account.

  • Expungement Award Obtained in FINRA Arbitration

    A FINRA arbitration panel recommended the expungement of a customer complaint from a financial advisor’s public record.  The complaint involved allegedly unsuitable alternative investments and an overconcentration of alternative investments in the customer’s portfolio.

  • $200,000 FINRA case dismissed.

    We obtained dismissal of a Financial Industry Regulatory Authority (FINRA) case in which the claimant was seeking in excess of $200,000 in damages. The dismissal was based upon FINRA’s rule setting forth a six-year eligibility period in which a claim may be arbitrated. The claimant made the investments at issue in 2015 but did not file his Statement of Claim until 2022. Claimant’s counsel argued that the “trigger date” for eligibility was in 2018, which is the date the claimant learned of an alleged Ponzi scheme involving the investments. We argued that the eligibility period began on the date of the investments in 2015. The three-member panel of arbitrators unanimously agreed with our position. Motions to dismiss are rarely granted because FINRA encourages its arbitrators to allow claimants the opportunity to present their case on the merits at an evidentiary arbitration proceeding.

  • Expungement Award Obtained in FINRA Arbitration

    A FINRA arbitration panel recommended the expungement of a customer complaint from a financial advisor’s public record.  The complaint involved an allegedly unsuitable sale of an equity indexed annuity with a nine-year surrender period.  

  • Expungement Award Obtained in FINRA Arbitration

    A FINRA arbitration panel recommended the expungement of two separate customer complaints from a financial advisor’s public record.  Both complaints involved allegedly unsuitable sales of alternative investments.

  • FINRA Arbitration Panel Grants Motion to Dismiss

    A FINRA arbitration panel granted a financial advisor and his supervisor’s motion to dismiss a FINRA arbitration on the basis that the Claimant previously brought multiple claims regarding the same securities related dispute against the broker-dealer, who was not a party to this arbitration.  

  • Expungement Award Obtained in FINRA Arbitration

    A FINRA arbitration panel recommended the expungement of a customer complaint relating to allegedly unsuitable investments in oil and gas investments that declined during the early months of the COVID-19 pandemic.  

  • Resolution of FINRA Matter

    Resolved a FINRA matter involving four private placement investments for a portion of the costs. ​At issue were alleged losses exceeding $200,000. Leveraging the panel’s favorable decision on an earlier Motion for Eligibility (untimeliness), we convinced claimants’ counsel of the futility of proceeding further. Claimants’ counsel agreed to resolve the case for his filing costs only, split among three respondents.

  • Successful Defense of Broker-Dealer Client

    This was a high-stakes FINRA arbitration case, motion to vacate the defense award in federal district court, and a precedential decision in the First Circuit following oral argument. The claimant retired early with a pension and 401(k) and rolled the funds into a securities account in 2002. On a tip from a friend, he invested his nest egg with a registered representative who years later was charged by the SEC and convicted of securities violations. Through the registered representative’s bad advice and improper conduct between 2002 and 2016, the claimant’s retirement account was drained to zero, though the total amount was distributed to the claimant himself. The claimant sued the registered representative and the rep’s former broker-dealers through whom the representative was affiliated (prior to his residency with the Bureau of Prisons). The FINRA arbitration panel granted a complete defense award in favor of our broker-dealer client, seeing no improper or negligent conduct on the broker dealer’s part, and finding all improper conduct of the registered representative to be outside the scope of his affiliation with the broker-dealer. The claimant then moved to vacate the award in favor of our broker-dealer client in federal district court in Boston, which was denied. He then appealed that decision to the Court of Appeals for the First Circuit. In both courts, Shane briefed and orally argued the case. The First Circuit handed down a published opinion even stronger than the district court victory, adopting word-for-word many of the arguments Shane made so as to secure confirmation of the FINRA award in its entirety for the benefit of our client.

  • Successful Defense of Financial Planning/Investment Firm

    We were successful on a motion to dismiss an action against a financial planning and investment firm and its employee, a certified financial planner, filed in Federal District Court in Maryland. The plaintiffs claimed that the financial planner advised them to purchase a life insurance policy that was indexed to the stock market and that he made certain representations about the expected return on investment, which never came to fruition. Instead, according to the plaintiffs, the value of the policy plummeted, and they lost significantly on their investment. The court dismissed all claims against the firm, agreeing that the company could not be liable for the alleged advice given to the plaintiffs by the financial planner, inasmuch as the firm did not exist at the time the alleged advice was given. Also, the court dismissed a claim for breach of fiduciary duty against the financial planner, agreeing that both federal and state courts in Maryland do not recognize a standalone cause of action for breach of fiduciary duty when only monetary damages are sought. As well, the court dismissed a conversion claim against the financial planner, concluding that the plaintiffs failed to allege sufficient facts to plausibly demonstrate the financial planner wrongfully exercised ownership or dominion over their finances.

  • Defense Verdict in Binding FINRA Arbitration

    Defense award in a binding FINRA arbitration in Boca Raton, Florida on behalf of a broker-dealer. ​The broker-dealer was sued in arbitration by two retired broker claimants who sought $5 million in past and future benefits, under a retirement program that paid override fees to retired brokers on books of business they had developed decades ago.

  • Defense Verdict for Registered Investment Advisor and Securities Broker Dealer

    Defense verdict after a four-day jury trial in northeastern Pennsylvania on behalf of a registered investment advisor and a securities broker dealer who were sued by their former client for investment losses in alternative investments.

  • Dismissal on a Directed Verdict in NY FINRA Arbitration

    Obtained a dismissal on a directed verdict in a FINRA arbitration in New York. The defense represented a broker-dealer in a dispute with its former customer regarding the unauthorized use of her account information. The claimant was a customer of one of the broker-dealer’s New York branches, where her ex-husband also worked as a broker.

  • Victorious FINRA Arbitration

    Obtained a directed verdict on behalf of a broker-dealer and a broker in a FINRA arbitration in New York. The claimant, a sophisticated and wealthy owner of a broker-dealer, alleged that he was being charged an unreasonable mark-up on municipal bond sales. The claimant further alleged that he was the victim of elder abuse. 

Firm Highlights

Thought Leadership

Appellate Division Affirms Dismissal of Legal Malpractice Counterclaim Against Martin Law Firm

In Martin v. Loury, 2026 N.J. Super. Unpub. LEXIS 1617 (App. Div. July 15, 2026), Martin Law Firm represented Kirk Loury in an employment matter Mr. Loury filed against his former employer, Concord Equity Group Advisors LLC (“Concord”). The allegations included, among other things, that Loury was not fairly compensated for his employment with Concord. After a bench trial finding in Loury’s favor, the Appellate Division remanded this matter in February 2016 for a second trial. During the second trial, Concord CEO, Lee Argush, testified to lower compensation estimate than first trial. On remand, the second trial judge awarded Mr. Loury the same damages as the first judge, finding Mr. Argush not credible. After the findings during the second trial, Martin Law Firm filed an action against Mr. Loury to recover legal fees and costs of representing Mr. Loury in a second bench trial and Mr. Loury filed a counterclaim against Martin Law Firm for legal malpractice, alleging he should have received an even higher award in the second bench trial. In this allegation, Mr. Loury, through his expert, claimed that Martin Law Firm should have recalled Mr. Loury to the stand to rebut Mr. Argush’s testimony to allege an alternative theory of damages. Mr. Loury’s expert admitted that the second judge already rejected Mr. Argush's theory and accepted Loury's damages theory. The trial court barred Mr. Loury’s expert and dismissed Loury's counterclaim with prejudice before convening the collection trial, and the jury ruled in Martin Law Firm’s favor. Mr. Loury appealed the trial court's pretrial rulings barring his liability expert from testifying in support of his legal malpractice counterclaim, denying his motion for summary judgment on that counterclaim, and denying his motion to amend his counterclaim by adding attorney Joseph A. Martin as a codefendant. In affirming the trial court’s decision, the Appellate Division held that the trial court properly excluded Loury’s expert testimony in the counterclaim against Martin Law Firm because the expert could not explain how calling Loury as a rebuttal witness would have increased damages when the second judge already rejected Mr. Argush's testimony and accepted Loury's damages theory, making the expert’s causation opinion speculative. The Appellate Division also held that the trial court properly denied Mr. Loury's summary judgment motion on his malpractice counterclaim because reasonable minds could differ on whether Mr. Martin's alleged failures would have changed the second judge's damages award, given the judge already found Mr. Argush not credible, creating genuine factual disputes precluding summary judgment. Also, the Appellate Division held that the trial court properly denied Loury's May 2023 motion to add Joseph Martin individually because the statute of limitations expired in February 2022, six years after the 2016 appellate remand when Mr. Loury incurred new legal costs, and relation back did not apply because Mr. Loury knew Mr. Martin's identity throughout and strategically chose to sue only Martin Law Firm in his 2019 counterclaim.

Thought Leadership

Delaware Superior Court Clarifies Pleading Standard for Legal Malpractice Claims

In the matter of Edelstein v. Kirschner, No. N25C-09-018 FJJ, 2026 Del. Super. LEXIS 45, at *1 (Super. Ct. Jan. 29, 2026), the plaintiff law firm sued its former client for unpaid legal fees in the amount of $4,399.35. The former client asserted a counterclaim alleging legal malpractice. More, specifically, the former client claimed that his lawyer committed malpractice be recommending that he settle an underlying lawsuit by entering into a stipulated judgment for an excessive amount with interest that was accruing at “an outlandish” interest rate. The law firm moved to dismiss the counterclaim on the basis that its former client had not alleged facts reflecting that he could prove the case within the case. That is, facts reflecting that his attorneys caused him to lose the underlying case. The Superior Court held that while a legal malpractice plaintiff in cases arising from underlying litigation must prove the case within the case to survive a summary judgment motion, he does not need to plead facts reflecting as much in order to survive a motion to dismiss. While this case addresses the pleading requirements of a legal malpractice case in Delaware, it also serves as reminder that chasing unpaid legal fees from a former client can often give rise to a legal malpractice counterclaim. Attorneys seeking to collect unpaid legal fees should ensure that the fees they seek are for a significant amount, which would be recoverable if a judgment is obtained. Otherwise, the effort could backfire.