Denis is a senior member of the Securities Litigation Practice Group and has tried to conclusion over 60 cases including jury trials, bench trials and more than 25 arbitrations before FINRA and the NYSE regarding claims such as suitability, selling away, misrepresentation and churning. As well, Denis has argued over 30 federal and state court injunctive hearings involving claims of misappropriation of trade secrets and breach of non-solicitation and non-compete contracts of individual Registered Representatives. He also represents clients in regulatory enforcement matters initiated by the SEC and FINRA.
Denis has also successfully defended class actions involving many diverse and complicated issues. He has litigated claims involving a wide spectrum of investments including CMOs, UITs, options, REITS, private placements, variable annuities, limited partnerships, mutual funds (bonds and stocks), individual equities and debt. Denis handles litigation involving complex estate planning tools such as Charitable Remainder Unit Trusts and Irrevocable Life Insurance Trusts which own variable, universal and whole life policies. He has defended claims involving allegations of defamation, discrimination, and wrongful termination brought by former employees.
Various entities have asked Denis to speak on topics involving securities litigation/arbitration matters, and Denis was the securities industry defense counsel representation for the FINRA Spring 2004 Conference on the topic of securities arbitration and mediation. He is an arbitrator for FINRA and is AV (highest) rated by Martindale-Hubbell. Denis has been quoted in such publications as the New Jersey Law Journal and Crains regarding securities litigation cases.
Denis' background also includes active duty in the United States Marine Corps, Judge Advocate General Corps where he served as a Captain at Camp LeJeune, North Carolina, home of the Second Marine Division. While a member of the Marine Corps JAG, he tried numerous major jury and misdemeanor criminal cases while serving as a trial counsel.
After earning his juris doctor from the Catholic University of America, Columbus School of Law, in Washington, District of Columbia, Denis earned his LLM in Taxation from Villanova University Graduate Tax Program. His studies concentrated in tax planning related to investments, qualified retirement and other employee benefit plans (ERISA), estate planning, federal wealth transfer, taxation and tax planning for closely held business. His practice also includes the defense of insurance agents and mortgage brokers in state and federal court and litigation of claims arising under ERISA.
As a part of his pro bono activities, Denis serves as a Judge for the Villanova Law School Reimel Moot Court competition.
•Recent Trends Regarding Claims Against Broker-Dealers, ExecuSummit Conference on E&O, June 2015
•Securities Litigation & Regulatory Update, Broker-Dealer and SEC Panelist, Pennsylvania Bar Institute, November 2014
•What You Did Not Know About Transitioning A Book Of Business, Financial Services Institute Annual Conference, Spring 2011
•Expungement, FINRA Claim Statistics and Claims By Senior and Broker Protocol, Speaker, Third Quarter Financial Services Institute Seminar, 2009
•First Quarter Compliance Seminar on Mutual Fund Share Classes, Financial Services Institute Seminar, 2006
•Annual Compliance Seminar, Speaker, Sun Trust Investment Services, 2005
•NASD Arbitration and Mediation Panel, Speaker, NASD Spring Conference, 2004
•Mutual Fund/Investment Advisor Insurance Conference, Keynote Speaker, AON Third Annual Conference, 2003
•Various seminars for insurance carriers and third-party administrators on early resolution methods for securities litigation matters.
• Bonds May Be the Next Wave of FINRA Claims, Defense Digest, Vol. 21, No. 4, December 2015
• Inside the Minds Series, Thompson Reuters Westlaw 2014, Chapter contributor, New Developments in Securities Litigation
•“Will New FINRA Guidance Allow for Broker-Dealers To Litigate Selling Away Claims in Court?, ” Defense Digest, Vol. 19, No. 1, March 2013
•“Nonsignatory Third Party Is Liable To Arbitrate Securities Case, ” Defense Digest, Vol. 18. No. 3, September 2012
•“FINRA Allows For Leeway In Settling Claims Under The Reporting Thresholds, ” Defense Digest, Vol. 18, No. 2, June 2012
• Small Business Job and Credit Act of 2010 Greatly Reduces Tax Penalties Against 412(i) Plan Participants, Aon Advisor Solutions, Winter 2011 Newsletter
• FINRA Rule Update, Motions to Dismiss Ineligible Claims, Featured Article, Agents of America Monthly Publication, February, 2010
• Beware Of The Topsy-Turvey Economy, Insurance Agents of America, Fourth Quarter, 2007
• What Could Be Wrong With C Shares?, Defense Digest, Volume 12, No. 1, March, 2006
• SEC Expands Monitoring of Registered Representatives, Philadelphia Legal Intelligencer, June 20, Vol. 224, No. 119, 2001
• SEC Expands Monitoring of Registered Representatives, Pennsylvania Law Weekly, June, 2001
• PA Code Requires Periodic Inspection Of All Broker/Dealer Office Locations in PA, Defense Digest, Vol. 4, No. 6, 1998
• Third Circuit Clarifies Attorney Liability as Primary Actor in Claims Brought Under Section 10(b) and Rule 10b-5, Defense Digest, Vol. 4, No. 3, 1998
• Right to Compel NASD Arbitration is Expanded in Pennsylvania's Eastern District, Defense Digest, Vol. 4, No. 3, 1998
• Breadth of Customer Arbitration Agreement is Expanded In Pennsylvania, Securities Arbitration Commentator, Vol. IX, Nos. 10 and 11, June 1998
Honors & Awards
•AV Preeminent by Martindale-Hubbell
Bonds May Be the Next Wave of FINRA Claims
Defense Digest Article
December 1, 2015
By Denis C. Dice, Esq.* Key Points:Bond suitability and misrepresentation claims are on the horizon.Proper client counseling and disclosure documentation will be critical to defend these claims. Interest..., Defense Digest, Vol 21, No. 4, December 2015Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Legal Update for Securities
March 20, 2015
Recent Litigation VictoriesIn a recent FINRA arbitration, Stanley Abel v. Janney Montgomery Scott, FINRA Arbitration No. 14-00018, Sam Cohen (Philadelphia, PA) obtained a directed verdict on behalf of his clients, Janney Montgomery Scott LLC, and..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Will New FINRA Guidance Allow for Broker-Dealers To Litigate Selling Away Claims in Court?
Defense Digest Article
March 1, 2013
By Denis C. Dice, Esq.*Key Points:FINRA defines customers as those who have an account or purchase securities through the broker-dealer.New guidance may allow broker-dealers to litigate certain selling away claims in court...., Defense Digest, Vol. 19, No. 1, March 2013
Nonsignatory Third Party Is Liable To Arbitrate Securities Case
Defense Digest Article
September 1, 2012
Key Points:Non-parties to an arbitration agreement may force a party to arbitrate claims.Equitable estoppel prevents a party from avoiding an arbitration clause.A principal may rely on the agent's arbitration agreement to..., Defense Digest, Vol. 18. No. 3, September 2012
FINRA Allows For Leeway In Settling Claims Under The Reporting Thresholds
Defense Digest Article
June 1, 2012
Federal - Securities & Investments Professional LiabilityKey Points: FINRA arbitration claims settled under $15, 000 are not reportable on a broker's CRD after 24 months.Settlements to multiple customers in one..., Defense Digest, Vol. 18, No. 2, June 2012
Small Business Job and Credit Act of 2010 Greatly Reduces Tax Penalties Against 412(i) Plan Participants
January 1, 2011
Aon Advisor Solutions, Winter 2011
FINRA Rule Update: Motions To Dismiss Ineligible Claims
March 1, 2010
Key Points:Motion to Dismiss based upon eligibility is permitted under FINRA rules.Motions to Dismiss must be filed after Answer and 60 days before hearing.On-going misrepresentation claims may not be eligible if within six...
Successfully Repd a Registered Rep in Securities Case
Aug 25, 2016
Obtained a denial of the vast majority of a request for a permanent injunction. The claims arose when our client, a registered representative associated with a national broker-dealer, resigned from her prior broker-dealer and began to solicit...