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 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 questioning the definition of a “transfer” under §544 and 550 of the Bankruptcy Code and whether the transfer was voidable when made by an unsecured creditor. The...more
5/22/2019
/ Asset Management ,
Bankruptcy Code ,
Chapter 7 ,
Creditors ,
Debtors ,
Failure To State A Claim ,
Fraud ,
Insolvency ,
Motion to Dismiss ,
Transfer of Assets ,
Trustees
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 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 discussed a case in which the defendant – who had pleaded guilty in a criminal case to one count of fraud under the Commodity Exchange Act (CEA) and one count of money laundering,...more
3/9/2018
/ Bankruptcy Code ,
CFTC ,
Chapter 7 ,
Civil Monetary Penalty ,
Collateral Estoppel ,
Commodities Traders ,
Commodity Exchange Act (CEA) ,
Commodity Pool ,
Criminal Penalties ,
Cross Motions ,
Double Recovery ,
Foreign Currency ,
Fraud ,
Government Agencies ,
Investment Funds ,
Material Misrepresentation ,
Misappropriation ,
Money Laundering ,
Motion to Dismiss ,
Nondischargeable Debts ,
Restitution ,
Summary Judgment
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 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 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 analyzed a putative class action case that posed whether common questions of law or fact predominate on the reliance element of Plaintiffs' Section 10(b) claims. The court concluded...more
1/7/2017
/ Bonds ,
Class Action ,
Class Certification ,
Federal Rules of Civil Procedure ,
Fraud ,
Fraud-on-the-Market ,
FRCP 23 ,
Investment Funds ,
Predominance Requirement ,
Presumption of Reliance ,
Puerto Rico ,
Rule 10(b)