Bass, Berry & Sims attorney Chris Lazarini discussed the case in which an investment bank sought to recover compensation from a client it had assisted in raising capital. The investment bank sued on claims of quantum meruit,...more
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 provided insight on a case in which plaintiffs alleged that UBS AG took part in a global gold price-fixing conspiracy. The court earlier granted UBS' motion to dismiss the...more
8/24/2018
/ Amended Complaints ,
Antitrust Conspiracies ,
Antitrust Litigation ,
Banks ,
Commodity Exchange Act (CEA) ,
Dismissal With Prejudice ,
Motion to Dismiss ,
Price-Fixing ,
Putative Class Actions ,
Rare Earth Metals ,
Sherman Act
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 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 analyzed a case questioning whether a breach of contract occurred. The court, in interpreting a contract, must determine the intent of the parties from the language used in the...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 commented on a case in which the plaintiff sued UBS for mismanagement of his deceased mother's estate. The plaintiff challenged the validity of the arbitration agreement arguing that...more
6/27/2018
/ Arbitration ,
Arbitration Agreements ,
Equitable Estoppel ,
Estate Claims ,
Mismanagement ,
Motion to Compel ,
Non-Signatories ,
Pre-Dispute Arbitration ,
Securities Exchange Act ,
Third-Party Beneficiaries ,
Uniform Commercial Code (UCC) ,
Validity
Bass, Berry & Sims attorney Chris Lazarini discussed a case brought by the SEC against an individual broker accused of violations of Section 17(A) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act...more
6/22/2018
/ Admissible Evidence ,
Brokers ,
Fifth Amendment ,
Genuine Issue of Material Fact ,
Misrepresentation ,
Omissions ,
Recklessness ,
Rule 10(b) ,
Scienter ,
Section 17(a) ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Securities Litigation ,
Securities Violations ,
Summary Judgment
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 commented on a case involving guidance on the Private Securities Litigation Reform Act's (PSLRA) procedures for selection of lead plaintiffs in a securities class action. As outlined...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on a putative class action involving '33 and '34 Act claims against ReWalk Robotics, Ltd. (ReWalk), and its officers, directors and IPO underwriters. The court...more
5/11/2018
/ Complaint Procedures ,
Deadlines ,
Dismissal With Prejudice ,
Good Cause ,
Hague Convention ,
Initial Public Offering (IPO) ,
Motion to Dismiss ,
PSLRA ,
Public Notice ,
Putative Class Actions ,
Securities Litigation
Bass, Berry & Sims attorney Chris Lazarini examined a case of alleged breach of trust and breach of fiduciary duty against a bank acting as the indenture trustee related to a foreclosure action on defaulted mortgage revenue...more
4/3/2018
/ Appeals ,
Banks ,
Bondholders ,
Bonds ,
Breach of Duty ,
Breach of Trust ,
Cause of Action Accrual ,
De Novo Standard of Review ,
Fiduciary Duty ,
Foreclosure ,
Indenture Trustee ,
Mortgages ,
Notice of Default ,
Statute of Limitations ,
Summary Judgment ,
Time-Barred Claims
Bass, Berry & Sims attorney Chris Lazarini provided insight about the timing of vacatur requests under the Federal Arbitration Act (FAA). In this case, citing the FAA, the court denied defendant's vacatur arguments for...more
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 commented on a case in which a defendant – convicted in a criminal proceeding of knowingly and willfully making false statements to investors, regulators, an outside accountant and...more
2/28/2018
/ Accountants ,
Acquisitions ,
Acquittals ,
Appeals ,
Biofuel ,
Criminal Procedure ,
Criminal Prosecution ,
Evidence ,
False Statements ,
Federal Rules of Criminal Procedure ,
Government Agencies ,
Inference ,
Investors ,
Jury Verdicts ,
Mens Rea ,
Misrepresentation ,
Regulatory Agencies ,
Restitution ,
Witness
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former broker sought to overturn a jury verdict finding him guilty of securities fraud, obstruction of justice and wire fraud by arguing, among...more
2/26/2018
/ Abuse of Discretion ,
Appeals ,
Brokers ,
Determination on Remand ,
Evidentiary Hearings ,
False Statements ,
FBI ,
Federal Rules of Evidence ,
Financial Industry Regulatory Authority (FINRA) ,
Former Employee ,
Impeachment ,
Influencers ,
Juror ,
Obstruction of Justice ,
Prejudice ,
Reversal ,
Securities Fraud ,
Stocks ,
Wire Fraud
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 discussed a case involving an arbitration award and bankruptcy filing. The court ruled that where a bankruptcy action has been closed, the bankruptcy trustee's exclusive authority to...more
2/2/2018
/ Appeals ,
Arbitration ,
Bankruptcy Code ,
Brokers ,
Commercial Bankruptcy ,
Creditors ,
Equitable Tolling ,
Fraudulent Transfers ,
Jurisdiction ,
Standing ,
Time-Barred Claims ,
Trustees ,
UFTA ,
Unsecured Debt
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 commented on a case involving alleged violations of federal and state securities laws and state common law in an alleged scheme to defraud customers and investors in several...more
Bass, Berry & Sims attorney Chris Lazarini examined a case in which the plaintiff sought to vacate an adverse arbitration award claiming the arbitration panel misbehaved and prejudiced his rights under the Federal Arbitration...more