Retail Securities Litigation Consulting & Testimony
Bates’ expertise spans the full gamut of retail investment products and strategies -- from individual securities to structured products, from equity hedging strategies to complex options and margin positions, selling away, insider trading and more. We can play an integral role in helping counsel understand the nature, and assess the validity, of allegations, and present the results of that assessment in a format which counsel can easily interpret and explain.
Our accomplished team of former SEC and industry regulators, former senior in‐house legal and compliance officers, former brokers, advisors and managers, Chartered Financial Analysts (CFAs), Certified Fraud Examiners (CFEs), and Certified Public Accountants (CPAs) has decades of experience and is proficient at assisting clients with the case issues at all stages of the legal process: providing early case assessments, preparing P/(L) analyses, preparing damage analyses and “what if” scenarios, providing expert consultation in mock arbitrations or in mediation & settlement discussions, and expert witness testimony if the need arises.
Our nationwide roster of over 175 quantitative and substantive consultants and experts span 250+ unique areas of expertise. They support clients and their counsel in retail, institutional and complex securities and other financial services matters. They consult and testify in SEC and other regulatory matters; in FINRA, NFA, AAA, and JAMS and other arbitration forums; in state and federal court proceedings; and in insurance and actuarial matters.
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Issues We Address
Sales Practice
- Supervision
- Suitability
- Regulation Best Interest - Reg BI
- Diminished Capacity
Employment Related Disputes
- Wrongful or Constructive Termination of Advisors
- U4/U5 Disclosure
- Promissory Note Disputes
- Advisor Transition/Broker Protocol
- Advisor Employment Disputes [Link]
Data Analysis
- P/(L) Analyses
- Damages Assessment & Calculations
- Market Analyses (Macro and Micro)
- Product Analyses
- Business Valuations
Operation of Trusts
- Breach of Fiduciary Responsibilities
- Portfolio Management
- P/(L) Analyses
- Damages
Trading Related Issues
- Insider Trading
- Market Manipulation
- Currency Trading
- Failure to Hedge Concentrated Positions
- Unauthorized Trading
- Margin Calls
- Churning
- Selling Away
- Best Execution
- Clearing
Due Diligence
- Adequacy of Disclosures
- New Product Due Diligence
Products We Have Addressed
- Real Estate Investment Trusts (REITs)
- Tenancy In Common Investments (TICs)
- Oil & Gas Limited Partnerships (LPs) and Master Limited Partnerships (MLPs)
- Business Development Companies (BDCs)
- Puerto Rico Closed-End Bond Funds
- Puerto Rico Bonds
- Special Purpose Acquisition Companies (SPACs)
- Life Insurance and Annuities
- Collateral Calls
- Options
- Exchange-Traded Funds (ETFs)
- Fixed Income Securities
- Equities
- Domestic and International Securities
- Employee Stock Ownership Plans
- Foreign Currency
- Yield Enhancement Strategies (YES)
- Structured Products
- Volatility Linked/Leveraged Products
- Non-Purpose Loans
- Margin Loans
- Auction Rate Securities
- Callable Yield
- Disbursements
- ETRACS
- Futures
- Government Sponsored Entities
- Hedge Funds
- High Yield Bonds
- Managed Distribution Programs
- Mutual Funds
- Non-Publicly Traded Alternative Investments
- Preferred Securities
- Research/Rating Agencies
- Sub Prime Mortgages
Clients We Serve
- Broker Dealers
- Independent Broker Dealers
- Investment Advisors
- SEC
- NASAA
- State Regulators
- Retail Investors
- Insureds
- Insurance Agents
- Insurance Carriers
- Insurance Coverage Firms
- Insurance Claims Departments
Forums In Which We Operate
- FINRA
- AAA
- State Court
- Federal Court
- Mediation