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 discussed a case in which the defendant appealed his criminal conviction for wire fraud, money laundering, and securities fraud claiming the government failed to prove fraudulent...more
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 examined allegations brought by members of a company’s 403(b) retirement savings plan that the plan fiduciaries violated their duties by selecting and failing to replace higher-cost...more
9/5/2019
/ 403(b) Plans ,
Board of Directors ,
Breach of Duty ,
Discovery ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fixed Income Investments ,
Motion to Dismiss ,
Retirement Plan ,
Share Class Structures ,
Share Classes
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case questioning how a broad exclusionary clause in an insurance contract is interpreted and applied. The court ruled that an insurance contract containing...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 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 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 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 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 on a case in which the defendant appealed a verdict claiming the court abused its discretion and issued a “highly excessive” judgment when it ordered him to disgorge...more
3/12/2019
/ Abuse of Discretion ,
Appeals ,
Disgorgement ,
Final Judgment ,
Injunctive Relief ,
Jury Verdicts ,
Misrepresentation ,
Permanent Injunctions ,
Publicly-Traded Companies ,
Rule 10(b) ,
Scienter ,
Section 17(a) ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
Bass, Berry & Sims attorney Chris Lazarini examined a Madoff Trustee’s case in which defendants sought to modify their Scheduling Order to allow them to take discovery of supplemental matters identified in the Trustee’s...more
3/5/2019
/ Adjournment ,
Case Management ,
Disclosure ,
Discovery ,
Discovery Disputes ,
Federal Rules of Civil Procedure ,
Good Cause ,
Ponzi Scheme ,
Scheduling Orders ,
Securities Litigation ,
Trustees
Bass, Berry & Sims attorney Chris Lazarini discussed a case involving the court’s application of the plain error doctrine to reverse and remand a trial court’s order vacating a default judgment. The plain error doctrine is...more
Bass, Berry & Sims attorney Chris Lazarini analyzed a defendant’s second appeal to vacate an insider trading conviction. On the direct appeal, the individual raised multiple evidentiary issues, but did not challenge the jury...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case brought by investors alleging a company violated certain securities laws by issuing a false registration statement in conjunction with its IPO. In the...more
2/6/2019
/ False Statements ,
Initial Public Offering (IPO) ,
Investors ,
Motion to Dismiss ,
Omissions ,
Pleading Standards ,
Registration Statement ,
Section 11 ,
Securities Act of 1933 ,
Securities Fraud ,
Stock Prices
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 the case in which a defendant in an alleged fraud scheme moved to sever his case from those of his alleged co-conspirators. The court denied the motion since the defendant...more
Bass, Berry & Sims attorney Chris Lazarini analyzed this putative class action brought against Match Group for alleged violations of the Securities Act of 1933 related to the company’s 2015 initial public offering (IPO)....more
11/30/2018
/ False Statements ,
Initial Public Offering (IPO) ,
Investors ,
Misleading Statements ,
Motion to Dismiss ,
Putative Class Actions ,
Registration Statement ,
Section 11 ,
Securities Act of 1933 ,
Securities Violations ,
Stock Prices
Bass, Berry & Sims attorney Chris Lazarini examined a case in which a SEC registered investment advisor sued for defamation and intentional interference with contractual relations after The Wall Street Journal published an...more
11/21/2018
/ Arbitration Awards ,
Confidentiality Agreements ,
Defamation ,
False Reporting ,
First Amendment ,
Interference Claims ,
Investment Adviser ,
Judicial Proceedings ,
Motion to Dismiss ,
Printed Publications ,
Securities and Exchange Commission (SEC) ,
Wall Street Journal
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 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 analyzed the putative class active brought against T. Rowe Price Group by current and former employees alleging the firm breached its fiduciary duty by favoring its own financial...more
10/24/2018
/ 401k ,
Benefit Plan Sponsors ,
Breach of Duty ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Financial Adviser ,
Former Employee ,
Motion to Dismiss ,
Putative Class Actions ,
Retirement Plan ,
Self-Dealing
Bass, Berry & Sims attorney Chris Lazarini examined a putative class action case in which the plaintiffs claimed that defendants omitted and concealed material information in the company’s IPO registration statement in...more
10/16/2018
/ False Statements ,
FDA Warning Letters ,
Federal Rule 12(b)(6) ,
Initial Public Offering (IPO) ,
Investors ,
Misrepresentation ,
PSLRA ,
Putative Class Actions ,
Registration Statement ,
Safe Harbors ,
Securities Exchange Act ,
Standing
Bass, Berry & Sims attorney Chris Lazarini examined further developments in a case involving a former UBS investment advisor’s attempt to prevent the company from collecting on promissory notes the advisor owed to UBS upon...more
10/8/2018
/ Actual Malice ,
Appeals ,
Asset Freeze ,
Asset Transfer ,
Attorney's Fees ,
Creditors ,
De Novo Standard of Review ,
Debtors ,
Financial Industry Regulatory Authority (FINRA) ,
Former Employee ,
Fraudulent Transfers ,
Insolvency ,
Investment Adviser ,
Investment Companies ,
Limited Liability Company (LLC) ,
Operating Agreements ,
Promissory Notes ,
Punitive Damages ,
Spouses ,
Summary Judgment ,
Venue ,
Void Contracts