Terry R. Weiss

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Shareholder
Atlanta,  GA  U.S.A.
Phone678.553.2603

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Securities Litigation
  • Financial Regulatory and Compliance Group
  • Appellate
 
Contact InfoTelephone: 678.553.2603
Fax: 678.553.2604
http://www.gtlaw.com/People/Terry-R-Weiss
 
University Emory University, B.A., with high honors, 1983
 
Law SchoolEmory University School of Law, J.D., 1986 Recipient, Book Award
 
Admitted1986, Georgia; 2008, Florida; U.S. District Court for the Southern District of Florida
 
Memberships 

Professional & Community Involvement
•Member, American Bar Association
•Editor, Broker-Dealer Litigation Survey, 2008-2014
•Co-Chair, Broker-Dealer Litigation Committee, 2010-2011
•Arbitrator, Financial Industry Regulatory Authority (FINRA), Securities Industry Panelist
•Board Member, High Museum of Art, Director's Circle
•Outside Counsel Member, Securities Industry and Financial Markets Association (SIFMA)

 
BornSt. Louis, Missouri, July 24, 1961
 
Biography

With nearly 30 years of practical experience, Terry R. Weiss focuses his practice on representing the securities industry in the full range of legal disputes. In that capacity, he represents broker-dealers, investment advisors, prime brokers and securities industry professionals in regulatory and enforcement matters, civil litigation and arbitrations and internal investigations.

Terry has served as lead counsel in more than 100 cases that have been tried. He and his team are experienced in taking cases through trial and being brought into existing cases to partner with counsel when settlement efforts have failed and there is a renewed expectation that the case is going to go forward toward trial or arbitration. An important part of his practice includes the defense of enforcement matters before the various securities industry regulators, including the SEC, FINRA and the various states. Terry is also called upon to lead internal investigations that are often linked to enforcement matters or litigations.

Areas of Concentration
•Securities enforcement
•Securities litigation and arbitration
•Broker-dealer

Awards & Recognition
•Listed, The Legal 500 United States, Litigation - Securities - Shareholder Litigation, 2012-2014
•Listed, Chambers USA Guide, 2012-2014
•Listed, Super Lawyers magazine, Georgia Super Lawyers, 2006, 2010-2014
•Top 100 Lawyers in Georgia, 2012-2014
•Team Member, Fulton County Daily Report, Georgia Litigation Department of the Year, Securities Litigation, 2013
•Listed, Georgia Trend magazine, Legal Elite, 2009-2013
•Team Member, a Law360 Employment Practice Group of the Year, 2011 & 2013
•Team Member, a Law360 Appellate Practice Group of the Year, 2010
•Rated, AV Preeminent 5.0 out of 5

AV, BV, AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Articles, Publications, & Lectures
Articles•Co-Author, FINRA Rings in 2015 with its Annual Priorities Letter for Broker-Dealers, GT Alert, January 7, 2015
•Author, Alabama is No Sweet Home for Vacating Arbitration Awards, Law360, June 24, 2014
•Quoted, Commentary & Connections, The James Frank Story, Securities Arbitration Alert, March 26, 2014
•Quoted, Wall Street Arbitrator Booted for Fake Credentials Heard Nearly 40 Cases, Reuters, March 25, 2014
•Co-Author, PIABA (Public Investors Arbitration Bar Association) Goes to Extremes to Attack FINRA's (Financial Industry and Regulatory Authority) BrokerCheck, National Law Review, March 20, 2014
•Quoted, FINRA's Broker Oversight Under Fire: Report Criticizes Regulator for Stripping Out Black Marks From Firms' Disclosures to Investors, Dow Jones, March 7, 2014
•Quoted, Regulator Deletes Red Flags From Brokers' Records, Says Study, Wall Street Journal, March 7, 2014
•Mentioned, Securities Industry Views, Securities Arbitration Alert, March 5, 2014
•Quoted, U.S. Investor Lawyers Seek New Law to Beef Up Broker Disclosures, Reuters, March 3, 2014
•Co-Author, U.S. District Court in Atlanta Rules Against the SEC in an Insider Trading Case, Describing the SEC's Evidence as 'Overreaching' and 'Self-Serving,' GT Alert, January 16, 2014
•Author, FINRA Welcomes in the New Year with its 2014 Priorities Letter for Broker-Dealers, GT Alert, January 7, 2014
•Author, FINRA Again Presses for Expungement Limits Outside of Formal Rulemaking Process, GT Alert, December 24, 2013
•Co-Author, Public Investors Arbitration Bar Association (PIABA) Calls Press Conference to Pressure for Further Restrictions on Broker Expungement, National Law Review, October 17, 2013
•Quoted, Stockbroker Requests to Scrub Complaints are Often Granted, The Wall Street Journal, October 16, 2013
•Co-Author, Financial Industry Regulatory Authority (FINRA) Tells Arbitrators it Considers Expungement Relief 'Extraordinary', National Law Review, October 13, 2013
•Co-Author, No Broker-Customer Relationship Absent a Direct Connection to Investment-Related Services Provided by the Brokerage Firm, National Law Review, August 15, 2013
•Quoted, Exclusive: FINRA Beefs Up Policing of Arbitrators, Reuters, June 21, 2013
•Quoted, First Option Mortgage, LLC v. Financial Mortgage Corp., Securities Arbitration Commentator, June 13, 2013
•Co-Author, Georgia Court Sets High Bar to Vacate Arbitration Award for Manifest Disregard of Law, National Law Review, June 3, 2013
•Quoted, Florida Court Rules State Time Limits Apply to Securities Arbitration, Reuters, May 16, 2013
•Featured, Weaving Patterns of Fact Into a Convincing Story, Fulton County Daily Report, April 25, 2013
•Editor, Broker-Dealer Litigation: 2012 Annual Survey, ABA Journal, March 1, 2013
•Co-Author, Is the Would-Be Arbitration Claimant a Brokerage Firm 'Customer'? The Fourth Circuit Says Both 'Yes' and 'No', National Law Review, February 15, 2013
•Quoted, Purging Wall Street from FINRA's Public Arbitrator List, Reuters, January 28, 2013
•Quoted, Greenberg Traurig Unveils New Atlanta Office, Daily Report, December 6, 2012
•Quoted, Rare Opinion Offers Clues to Morgan Keegan's Winning Defense, Reuters, August 1, 2012
•Quoted, Greenberg Traurig Shows Off New Digs, Atlanta Business Chronicle, July 2012
•Co-Author, Georgia Court of Appeals Affirms Dismissal of 'Holder Claim', National Law Review, April 2, 2012
•Quoted, Court Blocks Witness from Joining Morgan Keegan Case, Reuters, March 26, 2012
•Editor, Broker-Dealer Litigation: 2011 Annual Survey, ABA Journal, March 1, 2012
•Mentioned, Employment Group of the Year, Law360, January 4, 2012
•Editor, Broker-Dealer Litigation: 2010 Annual Survey ABA Journal, June 1, 2011
•Quoted, Rare Sighting: Indie B-D Wins Private Placement Case, Investment News, May 2011
•Quoted, JP Turner Shakes Investors' Fraud Action, Law360, May 2011
•Author, Permission to Be Frank? The Debate Continues Over an Absolute Versus Qualified Immunity in U5 Defamation Cases, Reprinted with permission, BNA, Inc. Securities Regulation & Law, June 4, 2007
•Author, Selling Away and Buying Trouble, Securities Arbitration, PLI, Ch. 21 Vol. 2, 1997
•Author, When the Fat Lady Doesn't Sing: Vacating Securities Arbitration Awards, Securities Arbitration, PLI, Ch. 29 Vol. 2, 1996
•Author, Reasoned Awards: If We Wanted Your Opinion We Would Have Asked for It, Securities Arbitration, PLI, Vol. VI, No. 5, June 1994
•Author, The Dealer-Service Rationale for Resale Price Maintenance: Does the Manufacturer Really Know Best? 30 St. Louis U. L.J. 517, 1985 (Cited in International Review of Law and Economics, Ohio State Law Journal, Fordham Law Review, Recent Economic Thought Series, University of Pennsylvania Law Review and Delaware Journal of Corporate Law)
Lectures
•Speaker, Arbitration: Practical Considerations, Securities Industry and Financial Markets Association, Phoenix, AZ, March 16, 2014
•Presenter, Selected Securities Dispute Strategies and the Evolving Enforcement Landscape: Tips for the In-House Legal Department, CLE Presentation to Primerica Financial Services, March 3, 2014
•Presenter, A Practical Guide for Internal Investigations for In-House Counsel, CLE Presentation to AIG Advisor Group, July 29, 2013
•Presenter, Arbitration Practitioners Workshop: Strategies from the Front Lines, CLE Presentation to Wells Fargo, April 17, 2013
•Speaker, Weathering the Storm of Trial: The Role of In-House Counsel, In-House Counsel CLE Seminar Series, Fulton County Daily Report, March 27, 2013
•Presenter, Selected Securities Dispute Strategies: Tips for the In-House Legal Department, CLE Presentation to Raymond James, January 18, 2013
•Speaker, Arbitration Practitioners Workshop: Strategies from the Front Lines, Securities Industry and Financial Markets Association Annual Seminar, March 2012 and March 2013
•Speaker, Independent Broker-Dealer Regulatory Forum, April 16, 2008
•Panelist, Mediation: Common Issues and Special Topics, Securities Industry and Financial Markets Association, Orlando, FL, April 2, 2008
•Panelist, Customer Complaints, Securities Industry and Financial Markets Association, Phoenix, AZ, March 28, 2007
•Panelist, Internal Investigations, SIA-CL Annual Seminar, March 25-28, 2007
Web Presentations
•Web Presentation, Greenberg Traurig's Atlanta Office Space, Daily Report, December 6, 2012

Associated News & Events
Press Releases
07.15.14
Greenberg Traurig Ranked in 2014 Legal 500 United States Guide
06.13.14
Fourteen Greenberg Traurig Atlanta Attorneys Included in 2014 USA Chambers Guide
05.23.14
Greenberg Traurig Attorneys, Practices Included in 2014 Chambers USA Guide
03.27.14
Greenberg Traurig Has the Most Attorneys Listed in the Top 100 List of the 2014 Edition of Georgia Super Lawyers Magazine
12.23.13
34 Greenberg Traurig Attorneys Included in Georgia Trend's “Legal Elite” List Across 8 Categories
05.28.13
Chambers USA Guide 2013 Includes 175 Greenberg Traurig Attorneys, 33 Practice Areas
05.02.13
40 Greenberg Traurig Attorneys Listed in 2013 Edition of Georgia Super Lawyers Magazine
04.23.13
Greenberg Traurig's Atlanta Securities Litigation Practice Named 2013 'Georgia Litigation Department of the Year' by American Lawyer Media
12.11.12
31 Greenberg Traurig Attorneys Named to Georgia Trend's Legal Elite
06.21.12
Greenberg Traurig Continues Excellence With 51 Shareholders Recognized Nationally by The Legal 500

Published Articles
03.01.13
Broker-Dealer Litigation: 2012 Annual Survey
03.01.12
Broker-Dealer Litigation: 2011 Annual Survey
06.01.11
Broker-Dealer Litigation: 2010 Annual Survey

Alerts
01.07.15
FINRA Rings in 2015 with its Annual Priorities Letter for Broker-Dealers
06.20.14
Alabama is No Sweet Home for Vacating Arbitration Awards
03.06.14
PIABA Goes to Extremes to Attack FINRA's BrokerCheck
01.16.14
U.S. District Court in Atlanta Rules against the SEC in an Insider Trading Case, Describing the SEC's Evidence as 'Overreaching' and 'Self-Serving'
01.07.14
FINRA Welcomes in the New Year with its 2014 Priorities Letter for Broker-Dealers
12.24.13
FINRA Again Presses for Expungement Limits Outside of Formal Rulemaking Process
10.17.13
PIABA Calls Press Conference to Pressure for Further Restrictions on Broker Expungement
10.16.13
FINRA Tells Arbitrators it Considers Expungement Relief 'Extraordinary'
08.14.13
No Broker-Customer Relationship Absent a Direct Connection to Investment-Related Services Provided by the Brokerage Firm
05.31.13
Georgia Court Sets High Bar to Vacate Arbitration Award for Manifest Disregard of Law

 
Reported CasesSignificant Representations; Morgan Keegan & Company, Inc. v. John J. Garrett et al. , 5th Cir. Ct. App., Case No. 11-20736, reversing, Morgan Keegan & Company v. John J. Garrett, et al. , Civil Action No. 4:10-cv-04309 (S.D. Tex. 2011) (vacating $9.2 million arbitration award). Morgan Keegan & Company, Inc. v. Horace Grant, 9th Cir. Ct. App., Case No. 10-56166, affirming, Morgan Keegan & Company v. Horace Grant , Case No. CV 09-07369 SJO (C.D. Cal. 2010) (vacatur motion based on bias). Pack v. Benjamin Stanley, et al ., Civil Action No. 1:10-cv-02200-AT (N.D. Ga. 2011) (dismissing alleged $15 million securities suit for pleading deficiencies with no right to re-plead). Brown v. J.P. Turner & Company , Civil Action No. 1:09-cv-02649-JEC (N.D. Ga. 2011). In re J.P. Turner & Company, LLC , Initial Decision Rel. No. 395 (May 19, 2010 SEC LEXIS 1656) (Reg SP SEC enforcement action). Instituto De Prevision Militar v. Merrill Lynch , 546 F.3d 1340 (11th Cir. 2008). Cordova v. Lehman Bros., Inc ., 526 F.Supp.2d 1305 (S.D. Fla. 2007). Cordova v. Lehman Bros., Inc ., 237 F.R.D. 471 (S.D. Fla. 2006). Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Coe , 313 F.Supp.2d 603 (S.D. W.Va. 2004). GCA Strategic Inv. Fund, Ltd. v. Joseph Charles & Associates, Inc. , 245 Ga. App. 460, 537 S.E.2d 677 (2000). Candler v. Davis & Upchurch , 204 Ga.App. 167, 419 S.E.2d 69 (1992). Cullen v. Paine, Webber, Jackson & Curtis, Inc ., 863 F.2d 851 (11th Cir. 1989). O.R. Securities, Inc. v. Professional Planning Associates, Inc ., 857 F.2d 742 (11th Cir. 1988).
 
ISLN902866964
 

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Alabama is No Sweet Home for Vacating Arbitration Awards
Terry R. Weiss, June 24, 2014
Applying federal law, the Alabama Supreme Court has joined in the chorus of other courts that have stressed the high burden imposed on parties who seek to vacate arbitration awards, especially when those attempts appear to be a re-litigation of the merits or include bases that are outside of the...

PIABA Goes to Extremes to Attack FINRA's BrokerCheck
Andy Clark,Kathryn S. Gostinger,Terry R. Weiss, March 10, 2014
PIABA released today its Report entitled “The Inequality of Investor Access to Information,” an attack on the FINRA BrokerCheck program that provides the public with access to employment, registration, and other information about registered representatives and FINRA member firms. The...


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Office Information

Terry R. Weiss

3333 Piedmont Road NE, Suite 2500
AtlantaGA 30305




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