Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which a plaintiff sued Ameriprise, its broker (Evans), and her step-children, seeking the proceeds of two accounts she claimed Ameriprise improperly paid to the...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on why fixed annuities can be classified as insurance products rather than securities. In this case, the court relied on Supreme Court and other cases to determine...more
Bass, Berry & Sims attorney Chris Lazarini discussed a court’s authority to compel arbitration where FINRA has declined to accept a case. In this case, following the Director of FINRA’s Office of Dispute Resolution...more
Bass, Berry & Sims attorney Chris Lazarini analyzed a case involving a plaintiff’s claim of negligence, defamation, breach of fiduciary duty, intentional infliction of emotional distress, and a federal age discrimination...more
Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the defendants moved to compel arbitration and for a stay pending arbitration following allegations that the defendant violated duties to an investment plan...more
Bass, Berry & Sims attorney Chris Lazarini examined a broker/dealer’s effort to prevent a FINRA arbitration case involving representatives selling away activities from going forward. The plaintiff, Centaurus Financial, sought...more
10/8/2019
/ Arbitration ,
Arbitration Agreements ,
Broker-Dealer ,
Declaratory Judgments ,
Declaratory Relief ,
Dismissals ,
Financial Industry Regulatory Authority (FINRA) ,
FRCP 12(b)(3) ,
Improper Venue ,
Injunctive Relief ,
Sua Sponte
Bass, Berry & Sims attorney Chris Lazarini examined a case in which a wrongful death action was brought against J.P. Morgan and related entities after the death of a former broker. Following the suicidal death of the broker,...more
Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which a former investment advisor at UBS sought to prevent the company from collecting on promissory notes the advisor owed to UBS upon his departure. After the...more
9/4/2018
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Asset Freeze ,
Attorney's Fees ,
Creditors ,
De Novo Standard of Review ,
Debtors ,
Former Employee ,
Fraud ,
Fraudulent Transfers ,
Good Faith ,
Investment Adviser ,
Investment Management ,
Motion for Summary Judgment ,
Operating Agreements ,
Promissory Notes ,
Punitive Damages ,
Transfer of Assets
Bass, Berry & Sims attorney Chris Lazarini examined a case in which the plaintiff filed a FINRA arbitration against his broker alleging suitability, breach of fiduciary duty, fraud, failure to supervise, and other claims. The...more
8/16/2018
/ Arbitration ,
Arbitration Agreements ,
Breach of Duty ,
Brokers ,
Cause of Action Accrual ,
Federal Arbitration Act ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Fraud ,
Individual Retirement Account (IRA) ,
Motion to Compel ,
Motion To Stay
Bass, Berry & Sims attorney Chris Lazarini discussed the class action case brought by former advisers of Credit Suisse Securities (USA) who sought recovery of their unvested deferred compensation following the closure of...more
Bass, Berry & Sims attorney Chris Lazarini commented on a case in which the plaintiff sued UBS for mismanagement of his deceased mother's estate. The plaintiff challenged the validity of the arbitration agreement arguing that...more
6/27/2018
/ Arbitration ,
Arbitration Agreements ,
Equitable Estoppel ,
Estate Claims ,
Mismanagement ,
Motion to Compel ,
Non-Signatories ,
Pre-Dispute Arbitration ,
Securities Exchange Act ,
Third-Party Beneficiaries ,
Uniform Commercial Code (UCC) ,
Validity
Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which UBS Puerto Rico sought to overcome its insurance carriers' refusal to defend and provide coverage for two civil actions, settlements with the SEC and FINRA...more
3/6/2018
/ Arbitration ,
Bonds ,
Breach of Contract ,
Claim Construction ,
Cross Motions ,
Denial of Insurance Coverage ,
Dismissal With Prejudice ,
Financial Industry Regulatory Authority (FINRA) ,
Fraud ,
Fund Managers ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Investment Adviser ,
Puerto Rico ,
Putative Class Actions ,
Securities and Exchange Commission (SEC) ,
Shareholder Litigation ,
Shareholders ,
Summary Judgment ,
Underwriting
Bass, Berry & Sims attorney Chris Lazarini discussed a case involving an arbitration award and bankruptcy filing. The court ruled that where a bankruptcy action has been closed, the bankruptcy trustee's exclusive authority to...more
2/2/2018
/ Appeals ,
Arbitration ,
Bankruptcy Code ,
Brokers ,
Commercial Bankruptcy ,
Creditors ,
Equitable Tolling ,
Fraudulent Transfers ,
Jurisdiction ,
Standing ,
Time-Barred Claims ,
Trustees ,
UFTA ,
Unsecured Debt
Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which defendant Wilson-Davis, a securities firm, sought to enjoin an arbitration brought against it alleging that the firm's failure to supervise its agent caused...more
2/1/2018
/ Abuse of Discretion ,
Appeals ,
Arbitration ,
Broker-Dealer ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Mandatory Arbitration ,
Motion To Enjoin ,
Permanent Injunctions ,
Policies and Procedures ,
Securities Litigation ,
Supervision
Bass, Berry & Sims attorney Chris Lazarini examined a case in which the plaintiff sought to vacate an adverse arbitration award claiming the arbitration panel misbehaved and prejudiced his rights under the Federal Arbitration...more
Bass, Berry & Sims attorney Chris Lazarini discussed an adversary proceeding brought against a broker by a plaintiff seeking recovery of investment losses. After the plaintiff filed a FINRA arbitration, the broker filed a...more
Bass, Berry & Sims attorney Chris Lazarini commented on Thrivent's case seeking to enjoin the U.S. Department of Labor (DOL) from prohibiting the nonprofit's mandatory use of individual dispute resolution processes. Once the...more
Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a court took the unusual step of remanding a case to the arbitration panel to explain the rationale behind its award. The Court made the decision because...more
Bass, Berry & Sims attorney Chris Lazarini examined a case filed by Morgan Stanley against Defendant in a FINRA arbitration over an un-paid promissory note. The Defendant answered without asserting counterclaims, but later...more
9/28/2017
/ Appeals ,
Arbitration ,
Broker-Dealer ,
Dismissals ,
Dodd-Frank ,
False Claims Act (FCA) ,
Injunctive Relief ,
Res Judicata ,
State Law Claims ,
Waivers ,
Wrongful Termination
Bass, Berry & Sims attorney Chris Lazarini analyzed a case involving claims against one defendant that are arbitrable and claims against a second defendant that are not. Exercising its discretion, the court stayed the...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on a lawsuit involving a former broker of Wells Fargo who sued the firm in state court for fraud and personal injury when the company initiated a foreclosure action...more
Bass, Berry & Sims attorney Chris Lazarini discussed a case involving a Plaintiff's suit against a broker-dealer involving his deceased mother's IRA account. Although Plaintiff was a non-signatory to the IRA account...more
Bass, Berry & Sims attorney Chris Lazarini commented on a case in which the defendant filed fraud and RICO actions in federal court against several persons and entities alleging they defrauded her out of millions of dollars....more
7/17/2017
/ Arbitration ,
Broker-Dealer ,
Dismissals ,
Financial Industry Regulatory Authority (FINRA) ,
Imminent Harm ,
Injunctive Relief ,
JPMorgan Chase ,
Merrill Lynch ,
Motion to Dismiss ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation ,
Waivers
Bass, Berry & Sims attorney Chris Lazarini discussed the court's interpretation of "customer" under FINRA Rule 12200 in a case where a clearing firm sought to avoid arbitration. The court defines a "customer" as one who,...more
Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a former trader fraudulently purchased $1 billion in Apple shares that ultimately forced the closure of the trader's firm, Rochdale Securities. Rochdale...more
11/15/2016
/ American Rule ,
Appeals ,
Apple ,
Arbitration ,
Arbitration Awards ,
Attorney's Fees ,
Clearing Agencies ,
Compensatory Damages ,
Consequential Damages ,
Contract Disputes ,
Counterclaims ,
Financial Industry Regulatory Authority (FINRA) ,
Manifest Disregard ,
Motion to Vacate ,
Securities Fraud ,
Stocks ,
Willful Misconduct