Securities Litigation and Arbitration
FERRELLE BURNS concentrates on the representation of investors who have suffered financial losses caused by unsuitable investments or the negligence of investment advisors and brokerage firms in the securities industry. The Firm's securities practice primarily involves the arbitration of claims nationwide in matters before self-regulatory organizations within the industry such as the Financial Industry Regulatory Authority (FINRA), as well as before the American Arbitration Association (AAA) and JAMS. The Firm also handles a wide variety of securities litigation matters excluded from arbitration in state and federal courts throughout Florida and Georgia.
Having represented brokerage firms, industry advisors, financial planners and banking institutions in numerous different types of securities matters in his prior employment over the past decade, including multiple Fortune 500 companies, Rice Ferrelle has a unique perspective from which to evaluate an investor's potential claims, rights and remedies. He has experience handling actions concerning market and investment related losses arising from negligent, intentional or fraudulent conduct, broker misrepresentation, tortious interference with contractual and business relations, violations of blue sky laws, ponzi schemes, unauthorized trading, breach of fiduciary duties, account churning, over-concentration or margin abuse.*** Mr. Ferrelle also is capable of serving as local counsel in class action, shareholder and derivative litigation suits involving securities violations.
Other securities-related claims handled by the Firm range from customer complaints of selling away, unsuitable investment advice and negligent supervision, to suits involving non-competition and non- solicitation agreements, raiding and unfair competition matters, trade secret violations, compliance and protocol failures, options disputes, and the enforcement and defense of promissory note claims.
Mr. Ferrelle has been a member of several industry group organizations, including the Public Investors Arbitration Bar Association (PIABA).
***The following are examples of these types of securities claims:
Unsuitability: An investment advisor convinces you to make an investment which is not compatible with your expressed risk tolerance, resulting in significant financial losses.
Misrepresentation/Omission: An advisor recommends a risky investment but fails to disclose, identify or properly explain significant risks associated with the investment.
Selling Away: An advisor recommends an investment that his or her firm does not offer directly, possibly due to concerns over legitimacy of the investment.
Overconcentration: An advisor invests most of your money in a single type of asset or category of assets which results in financial losses.
Churning/Excessive Trading: An advisor makes excessive and unnecessary trades within your account for the purpose of generating commissions irrespective of your investment objectives.
Simply because an investor experiences a financial loss does not reflect the existence of a legal cause of action. Whether a justifiable claim for losses exists depends upon a number of factors, including investment direction, account authorization, risk tolerance and market fluctuations. Our Firm will help you evaluate these factors to determine the best course of action depending upon your particular set of circumstances.