Michael A. Gross

Partner


Michael’s practice focuses on the representation of broker-dealers, investment advisors, and registered persons operating in the financial services industry. Formerly a senior attorney at the Financial Industry Regulatory Authority (FINRA), Michael provides his clients with a 360-degree view of the complex regulatory landscape and challenges that impact their businesses on a day-to-day basis, and he works proactively to help clients avoid regulatory issues, customer complaints, and other costly matters. He has significant experience representing clients in disciplinary proceedings and arbitrations, including disciplinary hearings before FINRA’s Office of Hearing Officers (OHO). Michael has successfully represented clients in cases involving a wide variety of issues, including fraud, anti-money laundering (AML), sales of unregistered securities, excessive mark-ups, unsuitability, churning, disclosures, licensing, registration, records retention, and supervision.

Education & Admissions

Education

  • Case Western Reserve University School of Law

    (J.D., cum laude, 2000)

  • University of Pennsylvania

    (B.A., cum laude, 1997)

Admissions

  • State of Florida
  • State of Ohio
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio

 

 

 

Experience

REPRESENTATIVE EXPERIENCE

  • Tried over 10 disciplinary hearings before FINRA’s Office of Hearing Officers (OHO), and handled several appeals before FINRA’s National Adjudicatory Counsel (NAC).
  • Negotiated over 100 FINRA settlements (AWCs and Offers of Settlement), and participated in over 175 on-the-record interviews (OTRs).
  • Tried over 20 NASD/FINRA arbitrations.
  • Managed hundreds of regulatory investigations.
  • Counseled national, regional, and local broker-dealers in claims brought by customers, including those involving allegations of unsuitability, fraud, misappropriation, failure to supervise, failure to hedge concentrated positions, breach of fiduciary duty, selling away, wrongful liquidation, and over-extension of credit.
  • Defended broker-dealers in various regulatory inquiries and investigations, including those involving policies for related accounts, general supervision, misappropriation, and unsuitability.
  • Represented broker-dealers in wrongful termination, defamation, commission, and recruiting disputes.
  • Represented a national bank accused of causing $40 million-plus in damages due to alleged violations of various securities and lending laws.

Publications & Presentations

Publications

Presentations

  • “Compliance Session,” Investacorp’s PlanForward18 National Conference (July 2018)
  • “FINRA Customer Arbitration: The Defense Perspective,” Investor Rights Clinic at the University of Miami School of Law (March 2018)
  • “Financial Elder Abuse: Hot Topics in Enforcement, Compliance, and Civil Litigation,” ABA Current Issues in FINRA Arbitration and Enforcement Seminar (February 2018)
  • “What Keeps FINRA Up At Night,” Ulmer’s Financial Services & Securities Litigation Hot Topics (November 2017)
  • “Litigation and Trial Tactics,” SEC Southeastern Securities Conference (December 2015)
  • “Litigation Trends,” FINRA Annual Enforcement Conference (May 2015)
  • “Supervision,” FINRA South Region Compliance Seminar (December 2013)
  • “Effective Use of Technology at Hearings,” FINRA Annual Enforcement Conference (May 2013)
  • “Outside Business Activities, Private Securities Transactions, and IA Supervision,” FINRA South Region Compliance Seminar (September 2009)

Involvement

PROFESSIONAL AFFILIATIONS

  • Florida Securities Dealers Association (Member)
  • Palm Beach County Bar Association (Member)
  • Securities Industry and Financial Markets Association (SIFMA) (Counsel Member, Compliance & Legal Society)
  • Financial Industry Regulatory Authority (FINRA) (Arbitrator)

Honors

HONORS

  • Named a “Rising Star” in the 2007 Ohio Super Lawyers List