Securities & Commodities Litigation
Whether markets are up or down, investors sue the perceived “deep pockets” of financial service providers and similar large entities. From Massachusetts to Arizona, from Michigan to Texas, it is to the responsive, skilled and sophisticated attorneys of Ulmer & Berne that many of the nation’s major corporations, banks and financial service firms turn to confront and resolve charges of securities fraud, misrepresentation, unauthorized trading or alleged violations of SEC and related regulations, whether lodged as individual suits or class actions. Ulmer & Berne attorneys also represent a variety of clients regularly in regulatory and investigatory proceedings in courts, the SEC, FINRA, NYSE and other state and federal bodies.
Corporate directors and officers turn to Ulmer & Berne for advice on shareholder issues, to resolve governance disputes, and to represent special litigation committees. With backgrounds in federal and state securities agencies and daily experience in the trenches of current securities litigation, our attorneys offer client-centered, practical advice and counsel.
Clients see the strength of the firm both in its reach across litigation, arbitration and regulatory proceedings and in its size. Ulmer & Berne is large enough to handle any securities litigation matter anywhere in the nation from its four Midwest offices. At the same time, we are small enough to be efficient, responsive and cost-competitive.
U.S. Supreme Court Accepts Case That Could Alter the Landscape of Private Securities Litigation
January 14, 2021 – The U.S. Supreme Court recently granted certiorari to review a Second Circuit Court of Appeals decision that could alter the landscape of class action litigation under Rule 10b-5. The issue in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement Sys., Case No. 20-222, 2020 WL 7296815...
January 14, 2021
OCIE Offers Reg BI Examination “Study Guides” (But Not An Extension)
From Ulmer’s Broker-Dealer Law Corner Blog By Heidi E. VonderHeide Heidi is my go-to destination for all things Reg BI. Here’s a quick, but really helpful, update from her. – Alan This week OCIE issued twin alerts relating to the upcoming implementation of Reg BI. A lot of the statements are...
April 10, 2020
If Covid-19 Wasn’t Bad Enough, Just Wait For The Arbitrations
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper Forced to sit at home under government-ordered decree, and having finished binge-watching Season 3 of Ozark and Season 4 of Money Heist on Netflix, what’s left to do except prey upon scared investors – particularly seniors – who have been watching the...
April 08, 2020
What Happens When Potential Arbitrators Don’t Answer The Phone
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I think that most lawyers who handle arbitrations, no matter what side of the table they occupy, would agree that one of the most important components of the case – perhaps the most important – is the selection of the arbitrators who comprise the...
March 31, 2020
FINRA’s ODA Continues To Operate As Enforcement’s Puppeteer
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper A couple of years ago, I complained here about FINRA’s Office of Disciplinary Affairs, or ODA. I am here to report that…nothing has changed. Let me explain. I am defending a FINRA Enforcement case that is scheduled to go to hearing in a...
March 01, 2020
Countdown Continues as SEC and FINRA Issue Additional Reg BI Guidance
From Ulmer’s Broker-Dealer Law Corner Blog By Heidi E. VonderHeide Heidi continues to stay on top of developments relating to Reg BI. – Alan Just in case you’ve not yet seen them, both the SEC and FINRA, over the last week or so, have released a series of documents that touch, partly or entirely,...
January 21, 2020
Ronald S. Betman Published by ABA on SEC Enforcement Actions
Ulmer Partner Ronald S. Betman was published in the most recent edition of the American Bar Association’s Securities Litigation Newsletter (Winter 2020). Betman’s article, “SEC Enforcement Actions Brought in Support of Foreign Securities Authorities,” covers the background on SEC cooperative arrangements with foreign securities authorities as well as the SEC’s...
January 09, 2020
Reg BI Continues to Tantalize and Confuse Both the Industry and the Regulators
From Ulmer’s Broker-Dealer Law Corner Blog By Christopher D. Seps Between the usual holiday season madness and a recent trial, I have been a little tied up lately. Happily, Chris Seps has stepped up with this excellent piece on Reg BI. – Alan My young boys will sometimes chase me...
December 20, 2019
Booker T. Coleman, Jr. Promoted to Counsel
Ulmer & Berne LLP is pleased to announce the promotion of Booker T. Coleman, Jr. to Counsel, effective January 1, 2020. Coleman is a business litigator based in the firm’s Chicago office. “Since joining Ulmer, Booker has demonstrated his dedication to our clients and his skill in helping them with their critical...
December 19, 2019
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper As I have mentioned before, several times, PIABA is deathly concerned with the fact that sometimes customers who prevail in arbitrations are unable to collect their awards, which typically happens when the respondent firm and/or the RR leaves the industry (thus eliminating...
November 12, 2019
FINRA’s Latest Statistical Snapshot Shows Continued Decimation Of Small BDs
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper Last year, for the first time, FINRA produced a statistical report designed to provide some perspective on the firms that comprise its membership. I blogged about it, and concluded at the time that the report basically demonstrated the following: FINRA is still mostly...
October 07, 2019
It Is Not Possible To Predict When FINRA Will Charge Something As Willful. Or Is It?
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I have written a few times about FINRA’s ceaseless interest in bringing cases against registered reps who fail to update their Form U-4 in a timely manner to disclose the fact that a tax lien has been filed against them. Or several...
September 24, 2019
Two (More) Scary Tales Of FINRA’s Abuse Of Rule 8210
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper Once again – twice again, actually – FINRA has used Rule 8210 as a cudgel, beating the poor unfortunate recipients of the “request” for documents and information into submission, or worse. This has got to stop. The first case is a repeat...
September 04, 2019
All-Public Arbitration Panels Are Paying Out Money At An Unprecedented Rate
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I read an article this week in Investment News with the following headline: “Brokerage Customers Winning More FINRA Arbitration Cases.” As a guy who defends customer cases, I was naturally intriguied by this. According to the article, “brokerage customers who do file...
August 19, 2019
Frances Floriano Goins Elected to Beck Center for the Arts Board of Directors
Ulmer & Berne LLP is pleased to announce that Partner Frances Floriano Goins has been elected to the Board of Directors of Beck Center for the Arts, a nonprofit performing arts and arts education organization dedicated to inspiring and enriching the quality of life for Northeast Ohioans. Beck Center for the Arts...
July 31, 2019
Why Is FINRA So Interested In Your Non-Securities Business?
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper Rightly or wrongly, I don’t know much about cryptocurrencies or digital coins. But that’s ok. What is worrisome, on the other hand, is that I am increasingly concerned that FINRA doesn’t either. And while my own ignorance will have exactly zero impact...
July 25, 2019
A Glaring Example of FINRA Dragging Its Feet
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper FINRA loves to tout its supposed intent to bring meaningful cases, cases that matter to the investing public, rather than enforcing “foot faults,” as it has been accused of doing over the years. My own experience with FINRA suggests that while it...
July 03, 2019
Judge Rules FINRA Lacks Jurisdiction in Futures Clearing Firm Arbitration
From Ulmer’s Broker-Dealer Law Corner Blog By Kenneth F. Berg I am fortunate to have Ken Berg, a commodities regulatory guru, just down the hall from me, so I’ve never had to learn that stuff too well. But, here, as you will see, there can be considerable overlap between the securities and the...
June 19, 2019
Ulmer Partner Richard Hamilton Talks Google’s Latest Antitrust Issues on “Nightly Business Report”
Ulmer Partner Richard Hamilton was featured during the June 7 episode of “Nightly Business Report,” a national news program produced by CNBC that airs on PBS. Offering his insider perspective as a former attorney in the DOJ’s Antitrust Division, Hamilton was interviewed regarding the Justice Department’s antitrust probe of Google and...
June 10, 2019
Do Customers Actually Use BrokerCheck? This FINRA Complaint Suggests They Don’t
From Ulmer’s Broker-Dealer Law Corner Blog By Christopher D. Seps I heartily endorse this post from my colleague, Chris, who’s been quiet of late. It says a lot about FINRA, in terms of how it deigns to spend your assessment money, how fairness in the Enforcement process can be completely illusory, and...
May 29, 2019
The Seventh Amendment Right to Jury for Violations of the Commodity Exchange Act – Part II
Part II By Kenneth F. Berg This is the second part of a two-part article discussing a defendant’s Seventh Amendment right to jury in an enforcement action by the Commodity Futures Trading Commission under the Commodity Exchange Act for civil monetary penalties. Part I analyzed existing Supreme Court cases regarding...
May 02, 2019
FINRA Releases Regulatory Notice 19-17, Proposes to Dispense with Due Process
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper Reading Reg Notice 19-17 makes me think of the legal arguments that I’ve recently read regarding whether a president can be found guilty of obstructing justice if the actions in question were taken out in the open, for everyone to see. Here, FINRA’s proposed...
May 08, 2019
FINRA’s Proposal On High-Risk Firms Is A Must-Read, But Hardly A Must-Enjoy
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I apologize for all the posts this week, but I am traveling and am in a different time zone, so I am awake at hours when, ordinarily, I would be asleep, giving me time to muse. Anyway, given that, I will not...
May 03, 2019
FINRA Says, Proof? We Don’t Need Your Stinkin’ Proof
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper If you are a regular reader of this blog, then you know that over my last few posts, I have been talking about an increasingly visible effort by FINRA to turn its regulatory eye from rogue brokers – who have been an...
March 29, 2019
The Seventh Amendment Right to Jury for Violations of the Commodity Exchange Act – Part I
Part I By Kenneth F. Berg This is the first of a two-part article discussing a defendant’s Seventh Amendment right to jury in an enforcement action by the Commodity Futures Trading Commission under the Commodity Exchange Act for civil monetary penalties. Civil penalties for violation of the CEA are now...
April 29, 2019
FINRA Is Going After “High-Risk” Firms, But First Has To Invent The Definition Of High-Risk
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I told you two weeks ago in my blog post that this would happen. I told you that when Robert Cook announced the topics to be taken up at the February/March FINRA Board meeting in Boca Raton, he slipped and used the new phrase...
March 14, 2019
Protecting Broker Dealers From Cyber Threats
Ulmer Partner Frances Floriano Goins and Associate Michael Davis Hoenig recently wrote an article for Bloomberg Law entitled, “INSIGHT: Protecting Broker Dealers from Cyber Threats.” In the article, Goins and Hoenig examine a FINRA report that provides broker dealers with best practices for effective cybersecurity, and warn that it is...
February 19, 2019
Does FINRA Have Jurisdiction Over Me?
From Ulmer’s Broker-Dealer Law Corner Blog By Michael A. Gross Does FINRA have jurisdiction over me? This is a question that I regularly field at the outset of regulatory engagements. My answer differs depending on a number of factors, including the nature of a person’s role and duties at a firm, his...
February 12, 2019
Alan Wolper Interviewed by PLANADVISER on FINRA 2019 Priorities List
Ulmer Partner Alan M. Wolper was recently interviewed by PLANADVISER in an article entitled, “B/D Attorney: Don’t Be Distracted by FINRA Examination Priorities Letter.” Wolper provided his insights into the recently published FINRA 2019 priorities list, which he thinks is interesting, but ultimately not all that informative when it comes...
February 08, 2019
Ulmer Attorneys Selected to 2019 Illinois Super Lawyers List
Ulmer & Berne LLP is pleased to announce that five attorneys from its Chicago office have been selected to the 2019 list of Illinois Super Lawyers. The list features the top attorneys in the state, chosen for their demonstrated excellence in the practice of law. Of those named from Ulmer,...
January 24, 2019
FINRA’s 2019 Examination Priorities Letter: Beware, More Of The Same Is Coming
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper In what has become an annual, but hardly exciting – I mean, it’s not like anxiously awaiting the day that pitchers and catchers report to Spring Training – tradition, with the turning of the calendar to the new year, FINRA has...
January 28, 2019
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper About a year ago, the SEC offered investment advisors the unique opportunity to report themselves to the SEC if they sold mutual funds to their clients that offered a lower priced share class than the class actually selected by the advisor,...
January 30, 2019
Yes, You Can Form A Broker-Dealer Without Running Afoul Of FINRA’s Outside Business Activities Rule
From Ulmer’s Broker-Dealer Law Corner Blog By Michael A. Gross It is not a wise career move for a registered rep to leave his broker-dealer – thereby abandoning his customers, and affording competitors the opportunity to make his customers their own – and then to begin the long, expensive, and uncertain process...
January 21, 2019
Frances Floriano Goins Interviewed in Global Data Review on Possible Facebook FTC Scrutiny
Ulmer Partner Frances Floriano Goins was recently interviewed for a Global Data Review article entitled, “Facebook could face FTC scrutiny, say privacy lawyers.” Goins provided her insights following The New York Times’ discovery that Facebook has been giving other companies access to users’ personal data and whether this violated Facebook’s...
January 03, 2019
The Disturbingly Cozy Relationship Between FINRA and PIABA
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper What exists at the point where PIABA’s transparent self-interest in getting paid and FINRA’s historical lack of transparency about who is actually driving its agenda regarding arbitrations? This: a late December decision by FINRA to propose a rule that prohibits non-lawyers from...
January 09, 2019
Ulmer Elects Four Attorneys to Firm Partnership
Ulmer & Berne LLP is pleased to announce the election of four partners to the firm, effective January 1, 2019. This class of new partners includes accomplished attorneys from three of Ulmer’s offices who have diverse experience spanning multiple legal disciplines. “Through their hard work, determination, and dedication to providing...
January 02, 2019
Booker Coleman Appointed to Chicago Bar Association’s Judicial Evaluation Committee
Ulmer & Berne LLP is pleased to announce that Booker T. Coleman, Jr. has been appointed to serve on the Investigative Division of the Chicago Bar Association’s (CBA) Judicial Evaluation Committee (JEC). The JEC provides an invaluable service to the bench, the bar, and the public through its evaluations of...
December 17, 2018
Ulmer Partner Michael N. Ungar Featured in Super Lawyers Magazine
Ulmer Partner Michael N. Ungar was recently featured on the cover of Ohio and Kentucky Super Lawyers Magazine with an article about him entitled, “Mike Ungar’s Town.” The article details Ungar’s early life, career at Ulmer, his love of Cleveland and involvement in the community, and his passion for complicated...
December 14, 2018
The Real Lesson From FINRA’s 2018 Exam Findings Report
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper On Friday last week, FINRA released a report discussing the findings from its 2018 exams, providing what it described as “selected observations” that were deemed to have “potential significance.” Even with that tepid introduction, in theory, this is still a great idea, since anyone...
December 12, 2018
Ken Berg Quoted in Law360 on Lorenzo Case
With Justice Brett Kavanaugh recusing himself from the Lorenzo case, which involved forwarded misstatements before the U.S. Supreme Court, attorneys paid close attention to Monday’s oral arguments for any unexpected leanings by the other eight justices. Please click here to read what experts, including Ulmer Partner Kenneth F. Berg, paid...
December 03, 2018
Ulmer Continues to Grow Its Cleveland and Chicago Offices With the Addition of Three Associates
Ulmer & Berne LLP is pleased to announce the addition of three associates to the firm. Kathryn (Katie) Bartolomucci and Brooke Tyus join Ulmer’s Cleveland office, while Hillary Maynard joins the firm’s Chicago office. “We’re thrilled to bring Katie, Brooke, and Hillary on as associates,” said Scott P. Kadish, Managing...
November 13, 2018
The Rule 8210 Karma Train Runs FINRA Over
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper If you’ve read this blog for even a short while, you know my feelings on Rule 8210, or, more specifically, how FINRA uses that rule, i.e., as a cudgel to keep member firms and their associated persons in line. Endless 8210 requests...
November 12, 2018
Money Talks, And FINRA Is Listening
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper Last year I wrote about FINRA’s effort to encourage firms to self-report their problems, pausing to wonder at the suggestion attributed to Jessica Hopper, a Senior Vice President with Enforcement, that cooperating with FINRA by self-reporting “not only fulfills a firm’s regulatory responsibilities, but...
November 07, 2018
All’s Fair When It Comes To Arbitrator Ranking
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I just read an article about a research study conducted of FINRA arbitrations by three people associated with Harvard, Stanford, and the University of Texas, respectively, and their overarching conclusion is a doozy. Now, admittedly, I have not read the study itself...
October 30, 2018
Tips For Staying Off The SEC’s Naughty List In 2019
From Ulmer’s Broker-Dealer Law Corner Blog By Blaine F. Doyle I recently had to the opportunity to sit in on a talk from high ranking CFTC and SEC enforcement officials at a local bar association meeting. The purpose of the get together was, in part, to let industry folks and their lawyers...
October 01, 2018
FINRA Plays Guessing Game With Expungement Waiver Request
From Ulmer’s Broker-Dealer Law Corner Blog By Christopher D. Seps When a registered rep contacts us about seeking expungement of customer complaints from his or her CRD record, we always respond that expungement is not a sure thing. It turns out that is more true than ever before because of the...
September 24, 2018
For five years in a row, Ulmer & Berne LLP partner Frances Floriano Goins has been recognized as one of the nation’s top female litigators by being named in Benchmark’s Top 250 Women in Litigation. This year Goins is recognized as one of only five female litigators in the state of Ohio to...
August 30, 2018
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper A little over a year ago, I blogged about a FINRA Enforcement action against an Ameriprise rep – but, notably, not Ameriprise – to highlight what a great job the firm did in ensuring that its sales force was not engaging in any undisclosed...
August 16, 2018
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper If you are like me, and spend your idle time twiddling around the FINRA website, then you already know that FINRA publishes a variety of mathematical statistics, updated periodically, that provide, along with the sobering tally of the Enforcement actions brought and fines...
August 10, 2018
FINRA Proposes To Require Disclosure Of Insurance Information In Arbitrations. Seriously.
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper Once upon a time, FINRA at least pretended that it was interested in maintaining a level playing field for claimants and respondents in the arbitrations it administers. Today, all that pretense has been jettisoned. In Regulatory Notice 18-22, which seeks comments on FINRA’s...
July 26, 2018
BD Learns It’s Not Enough To Have A Supervisory Procedure For OBAs, You Actually Have To Follow It
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper In most Enforcement cases involving outside business activities, it is the registered rep who is named as the respondent, and the allegation is that the RR failed to provide notice (or timely notice) to his or her broker-dealer about the OBA. On...
July 12, 2018
FINRA’s “Massive” Discovery Failure Results In…Absolutely Nothing
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper You are not going to believe this one. Here are the unadulterated facts, taken directly from the Order entered by the FINRA Hearing Officer (an Order, by the way, which FINRA elected not to publish on its website): Five days into an Enforcement hearing against...
July 09, 2018
PIABA’s Efforts To Get A Law Passed To Ensure Payment Of Legal Fees Off To Rough Start
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper About a month ago, I posted a blog about the apparent success that PIABA had achieved in getting two US senators — a Democrat and a Republican — to sponsor a bill to require FINRA to create a fund from which unpaid arbitration awards...
June 28, 2018
Has The SEC Taken All The Mystery Out Of Filing SARs?
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper This week, Charles Schwab consented to pay the SEC a $2.8 million civil penalty for failing to file SARs on certain transactions – suspicious transactions, namely – by a number of independent investment advisors that Schwab had terminated from its platform. This matter is...
July 05, 2018
The Presumptively Void Transfers to Caregivers Act in Illinois: Mercy with justice
The newsletter of the ISBA’s Section on Real Estate Law By Kenneth F. Berg The January 2018 issue of the ISBA Real Estate Newsletter contains a thoughtful article by Paul Peterson, “Presumptively Void Transfers to Caregivers – A Bit of Mercy Please?” Mr. Peterson recommends that the Presumptively Void Transfers...
June 21, 2018
PIABA Lawyers Convince Congress Of The Importance Of Them Collecting Their Attorneys’ Fees
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I have written before of the ferocious effort by PIABA lawyers to fight for their ability to collect attorneys’ fees on contingency matters – FINRA arbitrations – that they manage to win but which never get satisfied because the respondent broker-dealer has...
June 01, 2018
FINRA’s Attempt To Change Well-Established Federal Law On Churning
From Ulmer’s Broker-Dealer Law Corner Blog By Michael A. Gross When Michael called me to tell me about the subject of this post, I frankly thought he was making it up. The notion that FINRA was seriously suggesting deleting one of the historically recognized essential elements of a churning claim —...
May 14, 2018
The Demise Of FINRA’s District Committees…And Self Regulation, Too?
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper Many people, myself included, are of the view that FINRA today remains a self-regulatory organization in name only. For years now, FINRA has taken a series of actions decried by its member firms – new rules, new interpretations of old rules, zealous...
May 22, 2018
FINRA Knows Best – At Least According To FINRA – When It Comes To Hiring Decisions
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I don’t know how many times I’ve written about FINRA’s efforts over the years to address “rogue brokers,” or what it refers to nowadays more politically correctly as “high-risk brokers.” It doesn’t really matter what blog post you read, or when I...
May 07, 2018
Reverse-Churning: BDs Are Damned If They Do, And Damned If They Don’t
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper A couple of years ago, I blogged about the concept of “reverse churning,” i.e., putting a customer who trades only infrequently into a fee-based account, thus costing the customer a lot more than it would have cost that customer to be in a commission-based...
April 13, 2018
FINRA’s Revolving Door: Much Ado About Nothing
From Ulmer’s Broker-Dealer Law Corner Blog By Michael A. Gross As loyal readers are undoubtedly already aware, I used to work for NASD, and Michael Gross more recently came to Ulmer from FINRA. That hardly means we win every FINRA Enforcement case we are engaged to defend. To suggest that because we...
April 23, 2018
FINRA’s Stated Paradigm Shift On Enforcement Actions
From Ulmer’s Broker-Dealer Law Corner Blog By Michael A. Gross I have spoken about FINRA possibly putting an end to the policy of pursuing cases where formal disciplinary action serves little to no regulatory purpose. That welcome paradigm shift may be upon us. This year, FINRA, in essence, pronounced that its “broken...
April 03, 2018
Do FINRA’s Proposed MAP Rules Put PIABA’s Concern Over Money Ahead Of Fairness To Members?
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I have often used this forum to complain about FINRA’s lack of backbone when it comes to dealing with PIABA, the group of lawyers who represent customers of broker-dealers, principally in arbitrations. Over the years, FINRA has amended its rules time and...
March 27, 2018
Expungement: Already An “Extraordinary Measure,” FINRA Now Seeks To Make It Even Less Accessible
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper Expungement is a funny thing, and here’s why: for years, claimants’ counsel have complained loudly to FINRA that expungement was being granted too frequently, that legitimate customer complaints were disappearing from CRD, resulting in an unfair, sanitized representation of brokers’ records that...
February 16, 2018
A Sordid Story From the Trenches of FINRA Arbitration
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I have used this forum before on occasion to complain about the vagaries of the FINRA arbitration process, and, in particular, the perspective of a respondent’s counsel that the game often seems to be rigged in favor of claimants. Let me give...
February 02, 2018
Help! FINRA Is Calling My Customers
Here is a really interesting post from Michael Gross regarding those potentially uncomfortable moments when FINRA calls non-complaining customers. Because FINRA is not the government, it has no subpoena power over these people, and so needs them to cooperate voluntarily. The problem is that FINRA does an awful job of...
January 22, 2018
On January 12, 2018, the U.S. Supreme Court agreed to review the constitutionality of the SEC’s appointment of its in-house administrative law judges (“ALJs” for short). As we’ve discussed previously on the blog, a trip to SCOTUS seemed inevitable after the 10th Circuit handed down its decision in Bandimere, concluding that the SEC...
January 16, 2018
FINRA’S 2018 Exam Priorities Reflect Business As Usual
I would imagine that the point of FINRA releasing its list of exam priorities each year is to help firms who are actually going to be examined, by providing a glimpse into FINRA’s playbook so they can address, proactively, the issues they know FINRA will focus on. To be forewarned...
January 10, 2018
Ken Berg Quoted in Investment News and Pensions & Investments for his Expert Opinion on SEC Issues
Ulmer Partner, Ken Berg, is in the news. Ken is quoted in the Investment News article, “Supreme Court review of SEC judges could roil pending cases.” The article describes how a Supreme Court case on the Securities and Exchange Commission’s use of internal judges could put more than 100 pending...
January 22, 2018
Can FINRA Deliver On A Promise To Provide Meaningful Relief To Compliance Departments?
As I have discussed before, there are some rule violations that are going to happen no matter what FINRA says about them, no matter how many Enforcement cases it brings, and no matter what BDs do to “detect and prevent” such violations. A prime example of such is outside business...
January 05, 2018
Will FINRA’s 8210 Madness Ever Stop?
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper Once again, Rule 8210 has me frustrated. And angry. Well, not the rule itself, but the aggressive manner in which FINRA continues to wield it, and how its scope is interpreted by hearing panels called upon to consider cases involving what seem...
December 20, 2017
FINRA’s Exam Guidance Is A Big Yawn
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper As promised, FINRA has released its first Report outlining common findings from its examinations, in an effort to help member firms comply with the rules and, presumably, avoid problems that other firms encountered. A noble idea, especially for an entity not exactly known (at...
December 15, 2017
SEC Decrees That Its ALJs Are Constitutional. Now What?
From Ulmer’s Broker-Dealer Law Corner Blog By Heidi E. VonderHeide After spending the last few years ferociously denying that there was any constitutional issue with the manner in which SEC Administrative Law Judges (ALJs) were appointed to their position, this morning, the SEC announced that it had “ratified” the prior appointment of each...
December 01, 2017
FINRA Examiners Are Like A Box Of Chocolates . . .
From Ulmer’s Broker-Dealer Law Corner Blog By Michael A. Gross Michael discusses the differences in examiners — and, potentially — examination results from District Office to District Office. Remember, however, that such differences aren’t supposed to exist! That’s why the Office of Disciplinary Affairs exists. I suppose the question is whether...
December 05, 2017
First Shot Fired In PIABA’s War On The Securities Industry
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper A week or so ago, I highlighted in a post the acceptance speech of PIABA’s incoming president, Andrew Stoltmann, in which he announced his intent to wage “war” on the securities industry. Bluster aside, Andrew has been true to his word. His...
November 20, 2017
No Bar For Submitting False Expense Reports?
From Ulmer’s Broker-Dealer Law Corner Blog By Michael A. Gross Here is a post from Michael Gross about a recent settlement involving the submission of false expense reports. The issue isn’t the misconduct, but, rather, the rather tepid sanctions imposed. Do I sense the pendulum starting to swing back? – Alan...
November 17, 2017
FINRA In The News, And Not In A Good Way
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper It has been said that there’s no such thing as bad publicity, but I wonder if FINRA feels that way after having been featured in a number of less-than-favorable, or at least curious, media stories over the last couple of weeks. First, two...
October 27, 2017
PIABA’s New President Is A Nice Guy, Sure, But He’s Hardly Your Friend
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I have stated more than once in these posts that among claimants’ counsel, I have perhaps the greatest respect for Andrew Stoltmann, a fellow Chicagoan. I am not saying that I ever agree with anything he has to say, because I don’t,...
October 30, 2017
This Case Could Mean An End To Bars And Suspensions…Maybe
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper Bear with me here as I relate the tale of John Saad and his tortuous path through the FINRA Enforcement process and, ultimately, the court system. It is worth following me on this journey, as the upshot of the story is that...
October 23, 2017
Ulmer Bolsters Chicago Litigation Practice
Ulmer & Berne LLP announced that financial services litigator, Jonathon D. Drews, has joined the firm as an associate in its growing Chicago office. The addition of Drews, who comes to Ulmer from Hinshaw & Culbertson LLP, reinforces the firm’s highly-ranked Financial Services & Securities Litigation Practice Group. “Over the...
October 16, 2017
FINRA’s Heavy Hand Questioned…By FINRA
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper I am on the record, many times, with my belief that, at least in theory, FINRA should never lose any Enforcement cases it files. This is for the simple reason that if FINRA has any genuine doubts about its ability to...
October 13, 2017
The Equifax Breach May Be A Problem For More Than Just Equifax
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper All of you who use Equifax to conduct a part of your CIP responsibilities, raise your hands. Ok, now, only to those of you whose hands are in the air: how many of you have checked your firm’s incident response...
September 29, 2017
From Ulmer’s Broker-Dealer Law Corner Blog By Alan M. Wolper A little over a year ago, the SEC announced a stunning settlement with Merrill Lynch regarding its violation of SEC Rule 15c3-3, commonly known as the “Customer Protection Rule.” This is an important rule whose name gives away its purpose: it is designed...
September 06, 2017
In a May 25, 2017 decision, the U.S. Court of Appeals for the Seventh Circuit affirmed a Commodity Futures Trading Commission (CFTC) Opinion and Order dismissing a reparations claim based on statute of limitations grounds. Conway Family Trust v. Commodities Futures Trading Commission, No. 16-3289 (7th Cir. 2017). Notably, the court...
June 07, 2017
Betman Quoted in Law360 and InvestmentNews Articles
SEC Disgorgement Could Face Tough Crowd At High Court From Law360 By Carmen Germaine “Of the cases that are up in front of the Supreme Court, with Gorsuch being appointed, this is not one of the more high-profile cases — there’s many cases that have much more profile and wide-sweeping impacts...
April 18, 2017
Ulmer & Berne Prevails on SEC’s Home Turf
Following an eight-day hearing held in Washington, D.C., a Securities and Exchange Commission (SEC) administrative law judge dismissed the administrative proceedings against Equity Trust Company (Equity Trust), and found that Equity Trust did not cause the alleged violation of federal securities laws committed by two unrelated parties. Howard Groedel, a...
June 29, 2016
From Ulmer’s Broker-Dealer Law Corner Blog By Blaine F. Doyle In Homer’s epic poem the Odyssey, Odysseus and the crew of his ship are faced with the impossible choice of either sailing closer to Charybdis, a whirlpool capable of sinking their entire ship, or, alternatively, to Scylla, a sea monster just as...
February 05, 2016
Ulmer & Berne is ranked in 39 categories in the 2016 U.S. News – Best Lawyers® “Best Law Firms” rankings. Among these, the firm earns U.S. News – Best Lawyers highest rankings in 21 categories. The firm also ranks nationally in 16 categories. Firms included in the 2016 “Best Law...
November 02, 2015
Six Ulmer & Berne Attorneys Recognized as Benchmark Litigation Stars
Ulmer & Berne announces that six of the firm’s partners have been recognized in the 2016 edition of Benchmark Litigation as “State Litigation Stars,” a designation given to those individuals who were recommended consistently as reputable and effective litigators by clients and peers. The following Ulmer & Berne attorneys were...
October 15, 2015
Alan Wolper Named Co-Chair of Ulmer & Berne’s Financial Services & Securities Litigation Group
Chicago-based partner Alan Wolper has been named co-chair of Ulmer & Berne’s Financial Services & Securities Litigation Practice Group. Mr. Wolper joins Cleveland-based partner Frances Floriano Goins in leading the group. Mr. Wolper focuses his practice exclusively on the representation of brokers, broker-dealers and investment advisors. He defends regulatory investigations...
May 12, 2015
Michael Ungar Featured in Cleveland Jewish News
“Michael Nathan Ungar | Ulmer & Berne LLP” Cleveland Jewish News January 15, 2015 Perennial Super Lawyer Michael Nathan Ungar considers settlement of a dispute embroiling Case Western University among his most memorable cases of 2014. Read the full article »
January 15, 2015
Ulmer & Berne LLP is ranked in 40 categories in the 2015 U.S. News – Best Lawyers® “Best Law Firms” rankings. Among these, the firm earns U.S. News – Best Lawyers’ highest ranking in 23 categories. The firm also ranks nationally in 17 categories. Ulmer & Berne achieved a “Metropolitan Tier...
November 03, 2014
BTI Consulting Group Ranks Ulmer & Berne a “Litigation Powerhouse”
Ulmer & Berne LLP has been ranked within the top 10 percent of all law firms by The BTI Consulting Group, one of the nation’s leading legal industry research firms, in their recently published 2015 BTI Litigation Outlook report. The firm was selected as a “Litigation Powerhouse” and is named...
October 23, 2014
Ulmer & Berne Named Ohio Firm of the Year by Benchmark Litigation
Ulmer & Berne LLP was named 2014 Ohio Firm of the Year by Benchmark Litigation at the second annual Benchmark Litigation US Awards held at the Essex Hotel in New York City on January 29, 2014. The US Benchmark Awards were based on a six-month research period involving extensive interviews...
January 30, 2014
March 2013 – The U.S. Supreme Court’s decision this week in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, http://www.supremecourt.gov/opinions/12pdf/11-1085_9o6b.pdf, may have a major impact on public companies and their directors and officers seeking early settlement of “fraud-on-the-market” securities fraud cases. The decision has been described as a set-back...
March 21, 2013