Experienced Financial Services Lawyers for Financial Services Firms and Professionals
Each financial services attorney at KDV has extensive experience representing financial institutions, broker-dealers, registered representatives, investment advisors, certified financial planners and other financial professionals. Our Financial Services Practice Group includes former regulators and in-house lawyers who have devoted decades of their careers to defending and advising members of the financial services industry. Each financial services lawyer closely follows changes in the legal, regulatory and business environment. Our attorneys are well positioned in major financial centers to represent firms and individuals in regulatory inquiries, customer disputes, and intra-industry disputes.
Our firm’s attorneys have represented financial firms and financial professionals in a wide range of cases pending in FINRA Dispute Resolution and in state and federal courts. We have also successfully represented firms and individuals during grand jury investigations and regulatory inquiries and counseled clients regarding compliance issues and internal compliance reviews.
We are proud of the fact that KDV attorneys are widely recognized throughout the financial services industry as a team of trusted and skilled legal advisors, resolving a wide range of legal and regulatory matters, including:
Regulatory Defense and Counseling
KDV’s legal team counsels and defends financial institutions and individuals during inquiries initiated by regulatory authorities, including the SEC, FINRA, FDIC, CFTC and State Attorneys General and Insurance Commissioners. Our financial services lawyers also assist clients in responding to Rule 8210 requests and government subpoenas and have significant experience representing firms and individuals in connection with on-the-record interviews and grand jury investigations.
A financial services lawyer from KDV will represent firms and individual professionals in responding to government subpoenas and Rule 8210 requests as well as On the Record (OTR) interviews and grand jury proceedings. Similar investigations may be initited by state insurance regulators or licensing agencies.
When a broker or firm receives a FINRA Rule 8210 letter requesting information or indicating that they may be the subject of a FINRA investigation, or a “Wells Notice” advising that the SEC or FINRA is contemplating bringing an enforcement proceeding for a violation of the securities laws and regulations, or any similar request or subpoena from a regulator, our legal team takes decisive action to help clients prepare a proper response. Although such requests are often very broad in scope, the time frames to comply with them are usually short. We perform a thorough review of the matter, advising our clients on how to best cooperate and minimize their exposure to potential disciplinary proceedings and sanctions. We can initiate an iterative process of communication with the regulator, providing information as it becomes available and clarifying or limiting the scope of the records being sought, with the goal of establishing that the OTR interview can be avoided, or if it does proceed that no adverse findings are imposed.
Shareholder Litigation with the Help of a Financial Services Lawyer
The attorneys in our Financial Services Practice represent corporations in the financial industry in a broad range of shareholder actions alleging violations of the federal securities laws and related common law claims, including common law fraud, negligent misrepresentation, and breach of fiduciary duty.
The attorneys in our Financial Services Practice counsel boards of directors, officers, audit committees, compensation committees, regulatory oversight committees and special committees regarding their compliance, statutory and fiduciary duties in financial market settings.
KDV counsels boards of directors, officers, audit committees, compensation committees, and special committees regarding their statutory and fiduciary duties in varied situations, including mergers and acquisitions, asset acquisitions and divestitures, recapitalizations, shareholder disputes and ensuring corporate compliance with relevant laws and regulations, including federal securities laws and state blue sky laws. In addition, KDV counsels Chief Compliance Officers regarding establishing and maintaining the necessary compliance programs mandated by the federal and state regulatory agencies and other self-regulatory organizations with jurisdiction over the financial services firms.
Our attorneys are members of the industry associations and have published and presented seminars on topics in the corporate governance arena.
Other Claims Handled by a Financial Services Lawyer at Our Firm
- Compliance Reviews. We understand that the laws and regulations governing the financial services industry are complex and constantly changing, as the move toward fiduciary duties in brokerage accounts exemplifies. Our financial services attorneys routinely assist clients in conducting internal compliance reviews and provide seminars and training programs to help our clients develop best practices.
- Defense of Investment Professionals in Civil Court Actions. KDV attorneys have a wealth of experience defending investment professionals in civil court actions. Recognizing that these cases tend to be highly disruptive and have the potential to destroy our clients’ business and professional reputations, we work to resolve these disputes as quickly and favorably as possible.
- FINRA/AAA Arbitrations. KDV’s financial services lawyers represent FINRA members and registered representatives in FINRA arbitrations encompassing a diverse range of customer and intra-industry disputes. A financial services lawyer will also represent investment advisors in AAA arbitrations and work to resolve a wide array of customer and intra-industry disputes.
Practice Group Leadership
|Co-Managing Partner ofNew York City||New York, New York|
|Co-Managing Partner of Florida Offices|
Co-Chair of Financial Services Practice Group
|Fort Lauderdale, Florida , Orlando, Florida , Tampa, Florida|
|Of Counsel||New York, New York|
Chair Emeritus of Professional Liability Practice Group
|San Francisco, California|
|Managing Partner of Chicago Office Chair of Fidelity & Crime Practice Group||Chicago, Illinois|
Diversity & Inclusion Committee Member
Co-Deputy Chair, Data Privacy & Cybersecurity Practice Group
|Fort Lauderdale, Florida , Tampa, Florida|
|Partner||New York, New York|
|Senior Counsel||White Plains, NY , New York, New York|
|Of Counsel||White Plains, NY , New York, New York|
|Of Counsel||Fort Lauderdale, Florida|
|Attorney||Fort Lauderdale, Florida|
|Partner||New York, New York|
|Partner||Chicago, Illinois , San Francisco, California|
Co-Chair of Professional Liability Practice Group
|Hackensack, New Jersey|
|Attorney||New York, New York|
|Of Counsel||New York, New York|
|Attorney||New York, New York , Hackensack, New Jersey , Philadelphia, Pennsylvania , White Plains, NY|
- Gregg Breitbart, Gara Seagraves, present “FINRA Hot Topics: A View From the Field” at 2021 IBDC Annual Conference - Sep 14, 2021
- IBDC Panel Discussion by Webinar “Succession Planning: Is your practice ready for death, disability or retirement?” - Jul 16, 2020
- Supreme Court Limits SEC’s Ability to Mete Out ‘Financial Ruin’ via Disgorgement, Investment News, ft. Nancy Hendrickson - Jun 23, 2020
- Participants in fully funded plans can’t bring ERISA suits – ruling, Pensions & Investments, ft. Nancy Hendrickson - Jun 2, 2020
- Supreme Court’s Thole v. U.S. Bank Ruling Has Constitutional Implications, PlanAdvisor, ft. Nancy Hendrickson - Jun 2, 2020
- Industry Arbitration Claims Spike as Coronavirus Disruptions Continue, InvestmentNews, ft. Daniel Hetzel - May 22, 2020
- Surge In Client FINRA Arbitration Filings May Be On Horizon, Financial Advisor, ft. Daniel Hetzel - May 21, 2020
- “FINRA Arbitration of Customer/Broker-Dealer Disputes: An Overview for the Uninitiated,” American Bar Association, Commercial & Business Litigation Committee Quarterly – Winter 2020 - Apr 14, 2020
- “Resolving Shareholder Disputes,” Webinar Panelist – April 1, 2020 - Mar 16, 2020
- FINRA Expungement of Customer Disputes About to Become Much More Expensive - Feb 14, 2020
- Supreme Court Says Appeals of Bankruptcy Court Stay Orders Have To Be Speedy, Debtwire, ft. Nancy Hendrickson - Jan 16, 2020
- How the SEC’s Reg BI Will Affect Retirement Plan Sponsors and Participants, PlanSponsor, ft. Nancy Hendrickson - Jan 8, 2020
- ‘Smart Money’ Says 2nd Circuit Won’t Halt SEC Regulation Best Interest, PlanAdvisor, ft. Nancy Hendrickson - Oct 25, 2019
- No ‘Thank You’: In Morgan Stanley setback, judge won’t extend advisor TRO, On Wall Street Financial Planning, ft. Nancy Henrickson - Aug 9, 2019
- David Baugh – 2019 IBDC Spotlight Series - Jun 18, 2019
- Reg BI Could Make It Easier for B/Ds to Compete With Retirement Plan Advisers, PlanAdviser, ft. Brendan McGarry - Jun 12, 2019
- Brokers Face Heavy Lift to Implement Reg BI by Next Year, Investment News, ft. Brendan McGarry - Jun 10, 2019
- Increased Scrutiny from State and Local Regulators, Aon Advisor Solutions - May 24, 2019
- American Bankers Association Insurance Risk Management Forum (February 3 – 6, 2019) - Dec 13, 2018
- How To Use Insurance To Shield Against Cryptocurrency Risks, Law360, ft. Ivan Dolowich and Marc Voses - Jul 26, 2018
- 3rd Circ. Revives Suit Over $2.5M Bond Investment, Law360, ft. Christopher Nucifora - Apr 26, 2018
- Advisors Greet SEC’s Best Interest Proposal with Skepticism, WealthManagement.com Ft. Brendan McGarry - Apr 24, 2018
- 3rd Circ. Revives Suit Over $2.5M Bond Investment, Law360, ft. Christopher Nucifora - Apr 21, 2018
- SEC Proposes New ‘Best Interest’ Rule For Brokers, Investor’s Business Daily, ft. Brendan McGarry - Apr 20, 2018
- Here’s what investors will learn about their brokers, if the SEC gets its way, MarketWatch, ft. Brendan McGarry - Apr 19, 2018
- SEC proposal leaves big gaps in broker, advisor standards, Financial Planning, ft. Brendan McGarry - Apr 19, 2018
- SEC proposal sparks battle on advisor titles, upends fiduciary debate, On Wall Street, ft. Brendan McGarry - Apr 19, 2018
- Ahead of Wednesday Meeting, Stage Set for Fiduciary Jurisdiction Test Between DOL and SEC, Plan Advisor, ft. Brendan McGarry - Apr 18, 2018
- Judge Sorokin lets Howard Present know that his crushing $12.4M penalty in F-Squared case reflects remorselessness, failure to heed advice and scapegoating innocent parties, RIABiz, ft. Brendan McGarry - Apr 6, 2018
- 5th Circuit Ruling Leaves DOL’s Fiduciary Rule in Limbo, SHRM News, ft. Brendan McGarry - Mar 20, 2018
- Confusion Abounds After Fifth Circuit Decision Vacates DOL Fiduciary Rule, PlanSponsor, ft. Brendan McGarry - Mar 16, 2018
- State securities regulator says states can enforce DOL fiduciary rule, InvestmentNews, ft. Brendan McGarry - Feb 20, 2018
- Broker Protocol FAQ: Who’s out, who’s next and what advisors may lose, Financial Planning, ft. Nancy Hendrickson - Nov 30, 2017
- Press Release: Kaufman Dolowich & Voluck Adds Two Securities Litigators - May 10, 2017
- Trump’s Move On DOL Fiduciary Rule: A Game Changer For Advisors? InsuranceNewsNet, ft. Brendan McGarry - Feb 13, 2017
- CFP Board, other fiduciary advocates prep for fight to save DoL rule, Financial Planning, ft. Brendan McGarry - Feb 2, 2017
- Regulation Reversal the Ultimate Trump Card? Insurance News Net, ft. Brendan McGarry - Jan 20, 2017