Bass, Berry & Sims attorney Chris Lazarini reviewed a case questioning whether privity exists between officers of the United States if, in the earlier litigation, the representative of the government had authority to...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 analyzed a case in which 27 Chinese individuals alleged securities fraud after investing significant funds in a failed electric vehicle startup. The court dismissed the case, finding...more
9/16/2019
/ Dismissals ,
Fiduciary Duty ,
Investment Management ,
Investors ,
Justifiable Reliance ,
Material Misrepresentation ,
Material Misstatements ,
Offering Documents ,
Securities Fraud ,
Standing ,
Startups
Bass, Berry & Sims attorney Chris Lazarini discussed a case in which a brokerage firm filed a complaint for interpleader seeking judicial resolution of a challenge to a deceased client’s assets. Upon the client’s death, the...more
3/20/2019
/ Asset Management ,
Asset Transfer ,
Beneficiaries ,
Beneficiary Designations ,
Counterclaims ,
Cross-Claims ,
Deceased ,
Dismissals ,
Estate Planning ,
Forgery ,
Frozen Assets ,
Interpleaders ,
Motion for Summary Judgment ,
Surviving Spouse
Bass, Berry & Sims attorney Chris Lazarini provided insight about a Sarbanes-Oxley whistleblower retaliation case brought by a plaintiff claiming she was unjustly terminated. Finding the plaintiff did not timely file an OSHA...more
11/14/2018
/ Administrative Remedies ,
Disability Benefits ,
Dismissals ,
Filing Requirements ,
Hiring & Firing ,
OSHA ,
Retaliation ,
Statute of Limitations ,
Time-Barred Claims ,
Whistleblowers ,
Wrongful Termination
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 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 provided insight on a case that was dismissed following several missteps by the plaintiff during the discovery process. Since the plaintiff clearly demonstrated discovery abuse, the...more
Bass, Berry & Sims attorney Chris Lazarini examined a case in which plaintiffs sought relief from the court after a ruling granting defendants' motion to dismiss the plaintiffs' putative class action alleging ERISA...more
6/29/2018
/ Amended Complaints ,
Dismissals ,
Employee Retirement Income Security Act (ERISA) ,
Federal Rule 12(b)(6) ,
Federal Rules of Civil Procedure ,
Leave to Amend ,
Motion for Relief ,
Motion to Amend ,
Motion to Dismiss ,
Motion to Vacate ,
New Evidence ,
Putative Class Actions
Bass, Berry & Sims attorney Chris Lazarini examined a case in which the New York Court of Appeals provided guidance on Rule 908 of the New York Civil Practice Law and Rules, deciding that Rule 908 requires sending notice of a...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 analyzed a challenge brought by three Republican state party organizations related to the legality of the 2016 Amendments to MSRB Rule G-37 barring brokers and dealers from...more
9/6/2017
/ Amended Rules ,
Brokers ,
Dealers ,
Dismissals ,
Dodd-Frank ,
Injury-in-Fact ,
MSRB ,
Municipal Securities Issuers ,
Political Contributions ,
Political Parties ,
Solicitation ,
Standing
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 a case in which the plaintiff, a former stockbroker, sued his employer after he was terminated claiming discrimination under the ADA and ADEA. Under these statutes and...more
6/12/2017
/ ADEA ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Brokers ,
Burden-Shifting ,
Dismissals ,
Hiring & Firing ,
Pretext ,
Reasonable Accommodation ,
Waivers
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)
Bass, Berry & Sims attorney Chris Lazarini commented on a case in which the plaintiff claimed Merrill Lynch acted improperly in selling shares held as collateral for a loan when plaintiff had not defaulted on the loan. The...more
3/27/2017
/ Appeals ,
Collateral ,
Covenant of Good Faith and Fair Dealing ,
Default ,
Dismissals ,
Loan Agreements ,
Loans ,
Merrill Lynch ,
Motion to Amend ,
Sales of Securities ,
Stocks
Bass, Berry & Sims attorney Chris Lazarini discussed the heightened pleading standard for claims of fraud under Rule 9(b) in an auction rate securities case....more
3/15/2017
/ Bonds ,
Dismissals ,
Federal Rule 12(b)(6) ,
FRCP 9(b) ,
Interest Rate Swaps ,
Material Misrepresentation ,
Omissions ,
Purchase Agreement ,
Securities Fraud ,
Securities Litigation ,
Statute of Limitations
Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which the plaintiff claimed he was wrongfully terminated from employment at Morgan Stanley after the company discovered he reported alleged illegal activities to...more
3/3/2017
/ Dismissals ,
Dodd-Frank ,
False Claims Act (FCA) ,
Hiring & Firing ,
Morgan Stanley ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Twombly/Iqbal Pleading Standard ,
Whistleblowers ,
Wrongful Termination
Bass, Berry & Sims attorney Chris Lazarini discussed a case in which a pension fund, a "net winner" in the Madoff Ponzi scheme, filed an ERISA action against its investment adviser seeking to recover "lost opportunity"...more
2/1/2017
/ Actual Injuries ,
Article III ,
Bernie Madoff ,
Clawbacks ,
Dismissals ,
Employee Retirement Income Security Act (ERISA) ,
Investment Adviser ,
Lost Profits ,
Pension Funds ,
Ponzi Scheme ,
Standing
Bass, Berry & Sims attorney Chris Lazarini continues to examine an ongoing case questioning the validity of an arbitration agreement. Read Chris' earlier analysis here. In this most recent installment challenging the...more
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