Bass, Berry & Sims attorney Chris Lazarini outlined a case exploring the economic loss rule. The court found that a party suffering only an economic loss from the breach of an express or implied contractual duty may not...more
Bass, Berry & Sims attorney Chris Lazarini reviewed a putative class case filed against a brokerage firm alleging that the firm breached its client agreement by purchasing risky reverse convertible notes (RCNs) for clients...more
10/30/2019
/ Breach of Contract ,
Compliance ,
Convertible Notes ,
Financial Industry Regulatory Authority (FINRA) ,
Putative Class Actions ,
Regulatory Violations ,
Securities and Exchange Commission (SEC) ,
SLUSA ,
Statutory Violations ,
Structured Financial Products ,
Suitability Rule ,
Summary Judgment
Bass, Berry & Sims attorney Chris Lazarini outlined a court’s decision to uphold a permanent injunction against a broker finding the appellate rules do not allow for an appeal as a matter of right. In this case, a bank sought...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case involving a plaintiff’s request for a temporary restraining order (TRO) against former employees who allegedly stole confidential client contact...more
10/23/2019
/ Breach of Contract ,
Client Data ,
Confidential Information ,
Confidentiality Agreements ,
Customer Information ,
Employment Contract ,
Former Employee ,
Injunctive Relief ,
Investment Adviser ,
Irreparable Harm ,
Likelihood of Success ,
Misappropriation ,
Non-Solicitation Agreements ,
Trade Secrets ,
TRO
Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the plaintiffs sued Edward Jones alleging violations of various securities laws related to their investment in an annuity, which they had thought was joint...more
5/7/2019
/ Breach of Contract ,
Breach of Duty ,
Cause of Action Accrual ,
Discovery Rule ,
Fiduciary Duty ,
Investors ,
Negligence ,
Negligent Supervision ,
Securities Act ,
Securities Fraud ,
Securities Violations ,
Statute of Limitations ,
Statute of Repose ,
Time-Barred Claims ,
Tolling
Bass, Berry & Sims attorney Chris Lazarini analyzed a case brought by plaintiffs against Bank of New York Melon (BNYM) alleging that the firm breached its trustee duty to act prudently after the event of default. The court...more
Bass, Berry & Sims attorney Chris Lazarini examined a case in which a mortgage company sued a bank under the indemnity clause of the parties loan purchase agreement. The bank sought dismissal on statute of limitations...more
1/29/2019
/ Banking Sector ,
Breach of Contract ,
Cause of Action Accrual ,
Common Law Claims ,
Indemnity ,
Loan Agreements ,
Mortgage Lenders ,
Mortgages ,
Motion for Summary Judgment ,
Motion to Dismiss ,
Purchase Agreement ,
Statute of Limitations ,
Wells Fargo
Bass, Berry & Sims attorney Chris Lazarini discussed a case centered around three IRA accounts and the duty that UBS had to the beneficiary following the death of the client/IRA account holder. Prior to the client’s death,...more
11/16/2018
/ Appeals ,
Asset Management ,
Beneficiaries ,
Breach of Contract ,
Consumer Protection Act ,
Counterclaims ,
De Novo Standard of Review ,
Due Care ,
Duty of Care ,
Emotional Distress Damages ,
Fiduciary Duty ,
Financial Institutions ,
Fund Distribution ,
Individual Retirement Account (IRA) ,
Interpleaders ,
Judgment on the Pleadings ,
Request For Information ,
Reversal ,
Trustees
Bass, Berry & Sims attorney Chris Lazarini discussed the case in which an investment bank sought to recover compensation from a client it had assisted in raising capital. The investment bank sued on claims of quantum meruit,...more
Bass, Berry & Sims attorney Chris Lazarini analyzed a case questioning whether a breach of contract occurred. The court, in interpreting a contract, must determine the intent of the parties from the language used in the...more
Bass, Berry & Sims attorney Chris Lazarini provided insight about the timing of vacatur requests under the Federal Arbitration Act (FAA). In this case, citing the FAA, the court denied defendant's vacatur arguments for...more
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 analyzed a case in which plaintiff claimed breach of contract when her investment advisor did not transfer funds in a timely manner. The trial court and court of appeals awarded...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on factors a court should consider when determining whether a party has waived a contractual right to arbitration. The factors, which are tied to potential prejudice...more
Bass, Berry & Sims attorney Chris Lazarini analyzed the court's enforcement of an exculpatory clause in the context of a Trading Advisory Agreement. Where parties elect to include exculpatory clauses in their contracts, such...more
5/2/2017
/ Appeals ,
Breach of Contract ,
CFTC ,
Damages ,
Dismissals ,
Exculpatory Clauses ,
Fraud ,
Futures ,
Gross Negligence ,
Judicial Notice ,
Leave to Amend ,
Remand ,
Reversal ,
Trading Advisory Agreements (TAAs)