Securities Industry Participants
Financial services employees need help to successfully navigate the vast, complex securities laws and FINRA rules within the highly regulated financial services industry. Securities laws and FINRA rules enforce stringent reporting requirements with publicly available broker records that keep grievances out in the open. Given this, securities employees must be continuously mindful of how their conduct impacts customers, supervisors, employees, and regulators. After all, reported errors in handling a situation with a customer, employer, or regulator could ruin a financial industry professional’s career. With that said, even well-intentioned securities employees can end up with a frivolous customer complaint, an employer’s inaccurate U5 or involved in a terrifying regulatory investigation. Fortunately, financial professionals can resolve as well as prosper in these adverse predicaments with the guidance and advocacy of a securities employment lawyer. Many industry professionals keep Malecki Law on retainer to advise them as situations arise that need immediate attention.
Our top New York City securities employment attorneys can apply their extensive knowledge of relevant securities laws, FINRA rules and guidelines to help securities industry employees find appropriate solutions. Whether you need help with transitioning to a new broker-dealer or protection from your current employer, our securities employment lawyers have your back. Malecki Law’s extensive record for securing favorable awards on behalf of our securities employees includes successful regulatory investigation coverage, numerous expungements, negotiated settlements, and more. From on-the-record interviews (a critical stage in the process for which a client needs to be prepared) to favorably negotiated settlements in cooperation with the regulatory body at issue, as well as fully litigated hearings and whistleblowing cases, each case takes its own course according to the clients’ needs and abilities.
An ounce of prevention is worth a pound of care. Simply stated, an immediate call to the best securities lawyer can help financial industry employees avoid larger problems from developing later down the road. The best securities employment attorney will be armed with the knowledge to help financial professionals handle a variety of situations properly from the moment issues initially arise with customers, employers or regulatory agencies. Our securities lawyers have extensive experience regularly representing the following securities employees with employment issues, regulatory matters, investigations, and other industry disputes:
Institutional/ Individual Brokers — Brokers are regulated professional individuals, either associated with an institution (brokerage firm or broker-dealer) or acting as independent contractors on an independent broker-dealer platform with multi-faceted responsibilities. Stockbrokers have a lot to protect after passing a series of exams (Series 7, Series 63, Series 66) to register and consent to regulation under the Financial Industry Regulatory Authority.
Malecki Law represents brokers during agency (SEC/FINRA) and internal audits and investigations. We assist our clients throughout various administrative proceedings and regulatory filings, including responding to Regulatory Investigations, Exams and Audits, On-the-Record Interviews, Document and Information Requests, and Subpoenas. Our securities employee attorneys also represent brokers during employment disputes involving unpaid promissory notes, termination and Form U-4/U-5 disputes. Under FINRA’s program, all disputes must be resolved only by arbitration administered by FINRA, the industry’s self-regulatory organization. Our FINRA arbitration attorneys help brokers get unwarranted negative disclosures removed from their CRD and publicly available BrokerCheck records.
Traders and Analysts – Traders execute trades for a bank, trading firm, or hedge fund. Analysts typically perform equity or fixed-income research based on the market and the company’s financials. Compensation usually has a commission component where they earn more money depending on the level of profits they generate for the firm. When financial professionals have disputes with their employers about unpaid bonuses, Malecki Law lawyers help them seek compensatory damages by filing FINRA arbitration claims.
Instividuals – These are ultra-high-net-worth individuals who look and behave like institutions in terms of wealth management. We represent them in AAA arbitration, JAMS, State and Federal Courts.
Whistleblowers – Anyone can be a whistleblower, but the reality is that the majority of them come from within the industry, being privy to useful inside information. Under Dodd-Frank reforms, whistleblowers are both protected from retaliation by their employers and financially incentivized for bringing useful information about wrongdoings or suspicious activities to the SEC or even raising a flag internally within the organization. Our whistleblower attorneys help prepare your statement and ensure that you are adequately represented when addressing the regulators. We also protect you from employer retaliation for whistleblowing.
New laws, regulations, and interpretations help whistleblowers and cooperators come forth, allowing them reassurances against losing their job for refusing to violate industry laws and incentives to advise and cooperate in regulatory and self-regulatory investigations.Securities Employment Practice Areas
- Employment Issues & Disputes
- Litigation, Arbitration & Regulatory Matters
- Daily Operations & Compliance
- Membership Proceedings & Audits
The New York FINRA attorneys of this law office will counsel clients in various securities industry employment issues to avoid litigation or to institute actions on behalf of former employees, including, but not limited to, representation in:
- Expungement of Wrongful U-4/U-5 Statements
- Dodd-Frank Whistleblower Cases
- Sarbanes-Oxley Whistleblower cases
- Cooperation in Criminal, Civil, Regulatory and Self-Regulatory Matters
- Wrongful Termination
- Constructive Discharge
- Discrimination and/or Harassment,(including gender, race or religion)
- Promissory Note and Forgivable Loan Defense, (sign-on bonuses and others)
- Compensation, Bonus and Commission Claims
- Employment Contract Negotiation
- Severance Package Termination Agreements
- Reporting Requirements for Forms U-4, U-5, & DRPs
- Drafting & Negotiation of Employment Agreements & Policies
Our New York securities industry attorneys will provide representation to a variety of industry participants in employment, securities intra-industry and regulatory matters, including, but not limited to:
- Investment Professionals and Advisors
- Traders, Specialists, and Floor Brokers
- Structured Finance Professionals
- Institutional and Foreign Investors
- Banking and Brokerage Firms
- Hedge Funds
- Municipal Bond Firms
- Commodities Firms
Our lawyers will represent brokerage firms, traders, specialists and registered persons regarding:
- Day-to-Day Compliance
- Transactional Issues
- Operational Issues
- Supervisory Issues
- Employment Issues
- Legal & Regulatory Developments
- Supervisory Procedures and Compliance Manuals
- Representative Training
- Anti-Money Laundering Plans
- FINRA Application, Amendment, and Continuation Issues
- FINRA Web Applications
- SRO Examination
- Corporate Formation and Governance
- Reporting Requirements, including, but not limited to, Trade Reporting
- Rules, Forms U-4, U-5, and Disclosure Reporting Pages (DRPs)
Our New York securities law attorneys will assist clients throughout various administrative proceedings and regulatory filings, including:
- Self-Regulatory Organization Membership Applications
- Membership Renewals
- Membership & Registration Continuation Proceedings
- Restriction Agreement Amendments
- Regulatory Investigations, Exams & Audits
Malecki Law reviews relevant books and records, examines key business practices, suggests improvements to procedures and practices, informs senior management of audit requirements, implements accepted recommendations, and organizes physical books & records and related files.Corporate Formation and Governance
Malecki Law forms corporations and limited liability companies, drafts governing documents, handles contractual matters, such as purchase and sale agreements, employment agreements, and commercial lease negotiations.
Malecki Law does not accept work where a non-institutional public investor is the opposing party.
FINRA arbitrations, regulatory hearings, and court room litigations can be handled with our securities employee attorneys as your zealous advocates. Contact our securities employee lawyers today to tell us about your case in a free consultation.
Significant Securities Industry Employment Cases
Expungement granted for 28 customer disclosures related to broker sale of UBS Puerto Rico closed-ended funds within a single arbitration
Secured a $2 Million settlement in municipal securities industry compensation and sexual harassment claim in Federal Court Southern District New York
Secured $500,000 in settlement for a Sarbanes Oxley Analyst Whistleblower Employee
Complete expungement for a broker against a major investment bank, including the amount of attorney fees in FINRA arbitration
Represented Series 7 broker in FINRA arbitration and Form U5 issues relating to conduct by his partner, outside the scope of employment, where he was improperly named, i.e., the wrong broker was sued
Investment banker and several board of directors working abroad in suit against major international wirehouse for unjust enrichment, breach of contract, false statements on Form U5 and failure to reimburse expenses in FINRA arbitration
Compliance director against brokerage firm relating to employment and whistleblowing dispute
Investment banker in structured and corporate finance agreement
Major US brokerage firm for a dispute over corporate referral compensation and bonuses
Two groups of brokers in FINRA arbitrations over allegations of fraud against UBS PR for the firm's failure to disclose the true nature of PR Closed Ended Bond Funds and related issues for compensatory damages and Form U5 expungement in FINRA arbitration
Independent platform registered representative against independent platform brokerage firm for mismarking his Form U5 and theft of client base in FINRA arbitration
Series 24 supervisor against major wirehouse for disability discrimination and other related claims in a FINRA arbitration