Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which a global advisory firm claimed it had no duty to defend or indemnify defendant who was seeking coverage following ESOP and Bankruptcy Actions under a...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case involving a question of appropriate jurisdiction since nine of ten parties involved in the lawsuit resided outside of the United States. The court...more
Bass, Berry & Sims attorney Chris Lazarini discussed whether a federal court has subject matter jurisdiction over an expungement petition. While several courts have previously said no, this court directed the parties brief...more
11/2/2019
/ 28 USC 1331 ,
Arbitration Awards ,
Broker-Dealer ,
Exclusive Jurisdiction ,
Expungement ,
Financial Industry Regulatory Authority (FINRA) ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Settlement Agreements ,
Sua Sponte ,
Subject Matter Jurisdiction
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 provided insight on a case in which a broker, already engaged with the SEC on another matter, sought injunctive relief following the SEC’s subpoenas and request for information...more
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 commented on a putative ERISA class action case brought against several banks and their affiliates alleging breach of fiduciary duty or for knowing participation in prohibited...more
Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which a group of shareholders claimed misleading statements in a press release caused them to sell stock early and lose money in a subsequent bidding war. The...more
6/19/2018
/ Broker-Dealer ,
Causation ,
Fraud ,
Materiality ,
Mergers ,
Misleading Statements ,
Motion to Dismiss ,
Proxy Statements ,
Putative Class Actions ,
Rule 10(b) ,
Scienter ,
Shareholders ,
Stocks ,
Summary Judgment
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 plaintiffs sued a broker dealer, seeking to rescind the purchase of 12 RMBS certificates. While expressing that it would be difficult to find a broker...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 examined a case in which the plaintiff claimed to be an employee of Northwestern Mutual and therefore protected under New York's minimum wage and overtime laws; Northwestern argued...more
Bass, Berry & Sims attorney Chris Lazarini discussed a case where defendant carried out a personal vendetta against the plaintiff following plaintiff's report against defendant for violations of securities laws. Following...more
12/7/2016
/ Broker-Dealer ,
Damages ,
Defamation ,
Financial Industry Regulatory Authority (FINRA) ,
Genuine Issue of Material Fact ,
Libel ,
Libel Per Se ,
Reputational Injury ,
Summary Judgment ,
Tortious Interference ,
Whistleblowers ,
Wrongful Termination
Bass, Berry & Sims attorney Chris Lazarini examined a case where Plaintiff, a 61-year-old female bank employee, sufficiently pleaded constructive discharge in support of her employment discrimination claims where she was...more
11/17/2016
/ ADEA ,
Age Discrimination ,
Banks ,
Broker-Dealer ,
Burden-Shifting ,
Co-Workers ,
Constructive Discharge ,
Demotions ,
Dismissals ,
Employment Discrimination ,
Gender Discrimination ,
Hiring & Firing ,
Supervisors ,
Title VII