Denis C. Dice: Lawyer with Marshall Dennehey Warner Coleman & Goggin, P.C.

Denis C. Dice

Denis C. Dice is a shareholder with Marshall, Dennehey, Warner, Coleman & Goggin. His practice is devoted largely to securities regulation, securities litigation, insurance agent litigation, real estate agent litigation, mortgage broker litigation, and employment law.
Phone(215) 575-2779

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 5.0/5.0
AV® Preeminent

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Practice Areas

  • Securities and Investment Professional Liability
  • Securities Litigation
  • Insurance Agent Litigation
  • Real Estate Agent Litigation
  • Mortgage Broker Litigation
  • Employment Law - Employer
 
University St Joseph's University, B.S., Finance, 1987
 
Law SchoolCatholic University of America, Columbus School of Law, Washington, District of Columbia, J.D., 1990 Moot Court Board Member 1988-1990; Villanova University School of Law, Villanova, Pennsylvania, LL.M., Taxation, 1996
 
Admitted1990, Pennsylvania; 1992, District of Columbia; 1994, U.S. District Court Eastern District of Pennsylvania; 1998, U.S. District Court Western District of Pennsylvania; 1998, U.S. Court of Appeals 3rd Circuit
 
Memberships 

Associations & Memberships

•Pennsylvania Bar Association
•International Whos Who for Licensed Professionals
•NASD, Arbitrator
•St. Denis School, Youth Athletic Association Board Member

 
Biography

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 initiatied 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.

Classes/Seminars Taught

•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.

Published Works

•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 LexisNexis Martindale-Hubbell

Publications

Legal Update for Securities
Law Alerts•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
Articles•January 1, 2011
Aon Advisor Solutions, Winter 2011

FINRA Rule Update: Motions To Dismiss Ineligible Claims
Articles•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...

 
Reported CasesRepresentative Cases: Basil v. Chubb Securities, Inc., 1998 WL 88399 (U. S. District Court Eastern District of Pennsylvania 1998); Gray v. Tucker Anthony, Inc., NYSE Docket No. 1997-6512 (1997); Baggesen v. Securities America, Inc., 02-CV-4001 (U.S.D.C. Mass.); Hirsch v Securities America, Inc, NJ A-5637-10; Significant Representative Matters: Successfully defended $37 million claim for breach of contract and conspiracy brought in FINRA arbitration and successfully counterclaimed for $1.7 million in compensatory damages as well as attorney fees and interest.; Prepared successful Preliminary Objections resulting in case dismissal in commercial real estate matter where alleged damages were $12.5 million.; Won Motion for Directed Verdict on behalf of national broker-dealer named as defendant in a jury trial involving claims of breach of franchise agreement and intentional interference with contractual relations with alleged damages in excess of $5 million.; Defense verdict in bench trial venued in Pennsylvania state court involving claims against a major commercial real estate with alleged damages of in excess of $3 million based upon claims of breach of fiduciary duty and professional negligence.; Successfully resolved securities class action suit against regional broker-dealer seeking $10 million in damages after court granted partial Motion to Dismiss.; Won defense verdict in NASD arbitration on behalf of a national broker-dealer where the Claimant alleged claims related to the purchase of high-yield bonds.; Successfully compelled to arbitration multiple Complaints where our client was not a party to the arbitration agreement.; Won many FINRA arbitrations involving claims of unsuitability arising out of the market correction of 2000-2002.; Obtained complete defense verdict at NYSE arbitration for claims involving defamation and discrimination with alleged damages in excess of $2 million.; Obtained voluntary dismissal by Plaintiff of a Complaint involving a complicated business dispute with alleged damages in excess of $6 million.; Won Motion to Dismiss Class Action Complaint filed against a national broker-dealer where the alleged damages on behalf of the class were in excess of $2 million.; Successfully argued that Plaintiff must arbitrate a claim against aNonsignatory Third Party to an arbitration agreement.
 
ISLN900466272
 

Documents by this lawyer on Martindale.com

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FINRA Presents Bond Disclosure Revisions for Public Comment
Terrance A. Bostic,Jeffrey J. Chomko,Samuel E. Cohen,Andrew W. Davitt,Denis C. Dice, April 9, 2015
In an effort to increase transparency about potentially hidden markups in bond transactions, FINRA proposed potential rule revisions for public comment. The proposed rule changes, a companion to an almost identical proposal put forth by the MSRB covering municipal bonds, require bond dealers in...

SEC Poised to Clarify Standard of Care for Investment Brokers and Investment Advisors
Terrance A. Bostic,Jeffrey J. Chomko,Samuel E. Cohen,Andrew W. Davitt,Denis C. Dice, April 9, 2015
The SEC has announced that it will be revisiting the question of whether to establish a uniform standard of care that would cover both investment brokers and investment advisors. Currently, investment brokers or registered representatives are governed by the suitability standard because they...

Wall Street and FINRA at Odds Over FINRA’S Comprehensive Automated Risk Data System
Terrance A. Bostic,Jeffrey J. Chomko,Samuel E. Cohen,Andrew W. Davitt,Denis C. Dice, April 9, 2015
The Securities Industry and Financial Markets Association, a Wall Street lobbying group, has joined in the criticism of FINRA’s announced Comprehensive Automated Risk Data System (CARDS). In a 63-page letter, the group criticized the proposed CARDS program for the projected cost of...


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Office Information

Denis C. Dice

2000 Market Street, Suite 2300
PhiladelphiaPA 19103




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