Customer Disputes & Litigation

  • FINRA arbitration defense: Claims from retail and institutional clients alleging fraud, churning, unauthorized trading, unsuitability, improper margin calls, or failure to hedge concentrated positions.
  • Breach of fiduciary duty: Especially for RIAs, which are held to a higher standard as fiduciaries. Failing to act in a client's best interest can result in license revocation plus damages.
  • Misrepresentation and failure to disclose: Clients alleging they were misled about fees, conflicts of interest, or the nature of recommended investments.
  • Negligence claims: Including errors in trade execution, inadequate advice, or failing to monitor a portfolio.
  • Breach of contract: Disputes over account agreements, advisory agreements, or fee arrangements.

Employment & Intra-Industry Disputes

  • Registered representative departures: Disputes over client solicitation, trade secret theft, or violations of restrictive covenants when brokers switch firms.
  • Promissory note disputes: Firms often advance signing bonuses as loans; disputes arise when reps leave before repayment.
  • Wrongful termination and discrimination claims: Employment litigation from current or former employees.
  • Expungement proceedings: Helping registered reps get customer complaint records removed from their CRD/BrokerCheck history.

Regulatory Enforcement

  • SEC civil injunctive actions: The SEC can seek injunctions, disgorgement, and civil penalties in federal court.
  • FINRA disciplinary proceedings (8210 Requests): Responding to formal FINRA investigations and hearings.
  • State securities regulator actions: State attorneys general or securities divisions can bring independent enforcement actions.
  • Criminal referrals: When regulatory violations cross into fraud, wire fraud, or Ponzi scheme territory, firms and individuals need criminal defense counsel.

Corporate & Transactional Legal Needs

  • M&A and firm sales: Buying, selling, or merging a broker-dealer or RIA requires complex transaction counsel.
  • Vendor and technology contracts: Negotiating agreements with custodians, technology providers, and clearing firms.
  • Partnership and shareholder disputes: Internal ownership conflicts among firm principals.
  • Cybersecurity breach response: Data breach notifications, regulatory response, and potential litigation from affected clients.

Specialized Litigation Areas

  • Class actions: Defending industry-wide practices such as fee structures, money market sweeps, or mutual fund share class selection.
  • Defamation and reputational claims: Disputes over negative reviews, CRD disclosures, or public statements about a firm or rep.
  • Trade secret and intellectual property: Protecting proprietary investment models, client lists, or algorithmic strategies.

Consultation & Engagement

MGH Law, PC offers strategic legal counsel to firms navigating the complexities of the financial regulatory environment. We invite you to schedule a formal consultation to discuss your firm's specific compliance or registration requirements. Our team will evaluate your current standing and outline a structured approach to meet your regulatory objectives.

Contact our office to initiate a conflict check and schedule a confidential introductory meeting.

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