Bass, Berry & Sims attorney Chris Lazarini reviewed a case questioning whether privity exists between officers of the United States if, in the earlier litigation, the representative of the government had authority to...more
Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which a plaintiff sued Ameriprise, its broker (Evans), and her step-children, seeking the proceeds of two accounts she claimed Ameriprise improperly paid to the...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on why fixed annuities can be classified as insurance products rather than securities. In this case, the court relied on Supreme Court and other cases to determine...more
Bass, Berry & Sims attorney Chris Lazarini discussed a court’s authority to compel arbitration where FINRA has declined to accept a case. In this case, following the Director of FINRA’s Office of Dispute Resolution...more
Bass, Berry & Sims attorney Chris Lazarini examined a case in which the defendant was ordered to pay plaintiff’s past and future legal costs related to an SEC action against the plaintiff. Despite numerous court...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which plaintiff in a putative class action sought injunctive relief under Rules 23(d) and 65 of the Federal Rules of Civil Procedure alleging the...more
Bass, Berry & Sims attorney Chris Lazarini examined a case involving a party’s request for relief from an sanction order. The court denied the request, finding that relief under FRCP is an extraordinary remedy and the party...more
Bass, Berry & Sims attorney Chris Lazarini analyzed a case involving a plaintiff’s claim of negligence, defamation, breach of fiduciary duty, intentional infliction of emotional distress, and a federal age discrimination...more
Bass, Berry & Sims attorney Chris Lazarini outlined the factors courts must consider in determining whether the fees an adviser charges a mutual fund are excessive and in violation of the Investment Company Act. All the...more
5/31/2020
/ Appeals ,
Board of Directors ,
Excessive Fees ,
Gartenberg Factors ,
Investment Adviser ,
Investment Company Act of 1940 ,
Mutual Funds ,
Section 36(b) ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Summary Judgment
Bass, Berry & Sims attorney Chris Lazarini reviewed a case in which a putative class of individuals that transacted certain Korean futures contracts on the Korea Exchange through the Chicago Mercantile Exchange’s Globex...more
Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the defendants moved to compel arbitration and for a stay pending arbitration following allegations that the defendant violated duties to an investment plan...more
Bass, Berry & Sims attorney Chris Lazarini outlined a case in which the court applied res judicata and barred a party from maintaining a later action due to the following criteria:
1. The prior action was decided on the...more
Bass, Berry & Sims attorney Chris Lazarini examines a court’s two-step process to determine if personal jurisdiction exists over a non-resident defendant. The court ruled the exercise of jurisdiction (1) must be appropriate...more
Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which a global advisory firm claimed it had no duty to defend or indemnify defendant who was seeking coverage following ESOP and Bankruptcy Actions under a...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case involving a question of appropriate jurisdiction since nine of ten parties involved in the lawsuit resided outside of the United States. The court...more
Bass, Berry & Sims attorney Chris Lazarini reviewed a court decision dismissing a putative class action for lack of Article III standing. To qualify as a “case” or “controversy,” the plaintiff must establish that it suffered...more
Bass, Berry & Sims attorney Chris Lazarini examined a case questioning when claims are preempted by ERISA. The court applies a two-prong test to determine when claims are preempted:
1. Does the complaint arise only because...more
Bass, Berry & Sims attorney Chris Lazarini outlined a case exploring the economic loss rule. The court found that a party suffering only an economic loss from the breach of an express or implied contractual duty may not...more
Bass, Berry & Sims attorney Chris Lazarini provided additional insight case in which a former investment advisor at UBS sought to prevent the company from collecting on promissory notes the advisor owed to UBS upon his...more
12/10/2019
/ Attorney's Fees ,
Court-Appointed Receivers ,
Discovery ,
Failure To Respond ,
Financial Industry Regulatory Authority (FINRA) ,
Forcible Entry and Detainer ,
Fraudulent Transfers ,
Investment Management ,
Promissory Notes ,
Punitive Damages ,
Trial Court Orders
Bass, Berry & Sims attorney Chris Lazarini examined a case in which a group of shareholders alleged the company and two individual defendants breached their fiduciary duties to shareholders, and an investment bank aided and...more
11/12/2019
/ Aiding and Abetting ,
Appeals ,
Board of Directors ,
Breach of Duty ,
Fiduciary Duty ,
Genuine Issue of Material Fact ,
Investment Adviser ,
Investment Banks ,
Mergers ,
Motion for Summary Judgment ,
Shareholder Litigation ,
Shareholders
Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which two defendants – a former employee and a company that assisted in the sale of the business – both claimed entitlement to funds held by an attorney in trust...more
Bass, Berry & Sims attorney Chris Lazarini discussed whether a federal court has subject matter jurisdiction over an expungement petition. While several courts have previously said no, this court directed the parties brief...more
11/2/2019
/ 28 USC 1331 ,
Arbitration Awards ,
Broker-Dealer ,
Exclusive Jurisdiction ,
Expungement ,
Financial Industry Regulatory Authority (FINRA) ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Settlement Agreements ,
Sua Sponte ,
Subject Matter Jurisdiction
Bass, Berry & Sims attorney Chris Lazarini reviewed a putative class case filed against a brokerage firm alleging that the firm breached its client agreement by purchasing risky reverse convertible notes (RCNs) for clients...more
10/30/2019
/ Breach of Contract ,
Compliance ,
Convertible Notes ,
Financial Industry Regulatory Authority (FINRA) ,
Putative Class Actions ,
Regulatory Violations ,
Securities and Exchange Commission (SEC) ,
SLUSA ,
Statutory Violations ,
Structured Financial Products ,
Suitability Rule ,
Summary Judgment
Bass, Berry & Sims attorney Chris Lazarini outlined a court’s decision to uphold a permanent injunction against a broker finding the appellate rules do not allow for an appeal as a matter of right. In this case, a bank sought...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case involving a plaintiff’s request for a temporary restraining order (TRO) against former employees who allegedly stole confidential client contact...more
10/23/2019
/ Breach of Contract ,
Client Data ,
Confidential Information ,
Confidentiality Agreements ,
Customer Information ,
Employment Contract ,
Former Employee ,
Injunctive Relief ,
Investment Adviser ,
Irreparable Harm ,
Likelihood of Success ,
Misappropriation ,
Non-Solicitation Agreements ,
Trade Secrets ,
TRO