Securities and antitrust cases are almost invariably complicated business disputes, the consequences of which can be devastating to the litigants if not handled correctly. Pullman & Comley’s litigation attorneys are well-versed in the applicable state and federal laws that govern business operations, including the statutes and regulations that govern the issuance of stock by both private and public companies; the rules that define what two or more companies can and cannot do together; and the trade practices that give rise to liability for unfair competition. Whether the case is a shareholder derivative suit, a class action, or an antitrust or unfair competition claim brought by a customer or competitor, and whether it is filed in state or federal court, we can assist.
Our attorneys also have significant experience representing broker-dealers and investment advisors, as well as institutional and individual investors, in securities arbitrations and mediations before the Financial Industry Regulatory Authority (FINRA). We offer extensive knowledge and insight into the FINRA (the successor to the National Association of Securities Dealers – NASD) Dispute Resolution process and have a sophisticated knowledge of securities law. Pullman & Comley’s litigators have experience in disputes involving claims relating to unauthorized trading, suitability, breach of contract, breach of fiduciary duty, fraud, misrepresentation, failure to supervise and churning, among other claims.
Representative Experience
- Represented one of New England's leading liberal arts colleges which claimed that its financial broker had failed to make trades of stock gifted to the college in accordance with their long standing agreement, resulting in significant losses after the market collapse. A FINRA panel arbitrated and found in favor of client, awarding nearly 100 percent return on losses.
- Defended financial advisory client in lawsuit brought by individual who claimed significant losses with the market crash and that her account opening agreement was a contract of adhesion; secured dismissal of case.
- Successfully represented a brokerage client sued by customers claiming more than $100,000 in losses during the market downturn; after a five day hearing, FINRA arbitration panel rejected bulk of claims and limited its award to out-of-pocket costs.
- Successfully defended a company against a criminal claim of price fixing in a recent antitrust case
- Successfully defended a class action complaint brought against our client to challenge the business terms of the purchase of the company
- Represented several financial institutions named as defendants in a multidistrict antitrust class action brought against two of the world's largest credit card companies and many of the country's largest banks, challenging the fee structure and rules of credit and debit card payment networks; achieved the voluntary dismissal of two institutions
- In the securities litigation context, recently defended a publicly traded company accused of back-dating stock options in derivative cases brought in state and federal court, securing a dismissal of the federal action for failure to make adequate demand
