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Chris Lazarini Reviews Whether Privity Exists Between Officers of the United States

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

Chris Lazarini Analyzes Claims of Fraud in Arbitration Inducement

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

7/30/2020  /  Arbitration , Contract Terms , Fraud

Chris Lazarini Provides Insight on Classification of Fixed Annuities as Insurance Products

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

Chris Lazarini Discusses Judicial Review of FINRA's Refusal to Compel Arbitration

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

Chris Lazarini Examines Use of Potential Sanctions in Failure to Pay Attorneys' Fees

Bass, Berry & Sims attorney Chris Lazarini examined a case in which the defendant was ordered to pay plaintiff’s past and future legal costs related to an SEC action against the plaintiff. Despite numerous court...more

6/24/2020  /  Attorney's Fees , Sanctions

Chris Lazarini Provides Insight on Communication Standard in Request for Ex Parte Injunctive Relief

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which plaintiff in a putative class action sought injunctive relief under Rules 23(d) and 65 of the Federal Rules of Civil Procedure alleging the...more

Chris Lazarini Examines Standards for Relief from Sanction Order Under Federal Rules of Civil Procedure

Bass, Berry & Sims attorney Chris Lazarini examined a case involving a party’s request for relief from an sanction order. The court denied the request, finding that relief under FRCP is an extraordinary remedy and the party...more

Chris Lazarini Analyzes Amount in Controversy for Diversity Jurisdiction on a Motion to Vacate

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

Chris Lazarini Outlines Factors to Determine Whether Adviser's Fees Violate Investment Company Act

Bass, Berry & Sims attorney Chris Lazarini outlined the factors courts must consider in determining whether the fees an adviser charges a mutual fund are excessive and in violation of the Investment Company Act. All the...more

Chris Lazarini Reviews Anti-Manipulation Provision of the Commodity Exchange Act

Bass, Berry & Sims attorney Chris Lazarini reviewed a case in which a putative class of individuals that transacted certain Korean futures contracts on the Korea Exchange through the Chicago Mercantile Exchange’s Globex...more

Chris Lazarini Discusses Factors Involved in Motions to Compel Arbitration

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

Chris Lazarini Outlines Application of Res Judicata

Bass, Berry & Sims attorney Chris Lazarini outlined a case in which the court applied res judicata and barred a party from maintaining a later action due to the following criteria: 1. The prior action was decided on the...more

Chris Lazarini Examines Whether Personal Jurisdiction Exists Over a Non-Resident Defendant

Bass, Berry & Sims attorney Chris Lazarini examines a court’s two-step process to determine if personal jurisdiction exists over a non-resident defendant. The court ruled the exercise of jurisdiction (1) must be appropriate...more

Chris Lazarini Analyzes Insurer's Duty to Defend and Indemnify

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

Chris Lazarini Provides Insight on Application of Forum Non Conveniens

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

Chris Lazarini Reviews Qualifications for Article III Standing

Bass, Berry & Sims attorney Chris Lazarini reviewed a court decision dismissing a putative class action for lack of Article III standing. To qualify as a “case” or “controversy,” the plaintiff must establish that it suffered...more

Chris Lazarini Examines When Claims Are Preempted by ERISA

Bass, Berry & Sims attorney Chris Lazarini examined a case questioning when claims are preempted by ERISA. The court applies a two-prong test to determine when claims are preempted: 1. Does the complaint arise only because...more

Chris Lazarini Outlines Considerations in Claims of Economic Loss Rule

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

Chris Lazarini Provides Insight on Appointment of Receiver

Bass, Berry & Sims attorney Chris Lazarini provided additional insight 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...more

Chris Lazarini Examines Standards for Proving Breach of Fiduciary Duty

Bass, Berry & Sims attorney Chris Lazarini examined a case in which a group of shareholders alleged the company and two individual defendants breached their fiduciary duties to shareholders, and an investment bank aided and...more

Chris Lazarini Analyzes Case Claiming Entitlement to Funds Held in Trust After Sale of Business

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which two defendants – a former employee and a company that assisted in the sale of the business – both claimed entitlement to funds held by an attorney in trust...more

Chris Lazarini Discusses Subject Matter Jurisdiction in Expungement Petitions

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

Chris Lazarini Reviews Whether a Rule Violation Supports a Breach of Contract Claim

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

Chris Lazarini Outlines Court Decision to Uphold Permanent Injunction Against Broker

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

Chris Lazarini Provides Insight on the Four Factors to Consider when Temporary Injunctive Relief is Requested

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

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