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 examined a case in which the plaintiff filed a FINRA arbitration against his broker alleging suitability, breach of fiduciary duty, fraud, failure to supervise, and other claims. The...more
8/16/2018
/ Arbitration ,
Arbitration Agreements ,
Breach of Duty ,
Brokers ,
Cause of Action Accrual ,
Federal Arbitration Act ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Fraud ,
Individual Retirement Account (IRA) ,
Motion to Compel ,
Motion To Stay
Bass, Berry & Sims attorney Chris Lazarini discussed a case brought by the SEC against an individual broker accused of violations of Section 17(A) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act...more
6/22/2018
/ Admissible Evidence ,
Brokers ,
Fifth Amendment ,
Genuine Issue of Material Fact ,
Misrepresentation ,
Omissions ,
Recklessness ,
Rule 10(b) ,
Scienter ,
Section 17(a) ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Securities Litigation ,
Securities Violations ,
Summary Judgment
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former broker sought to overturn a jury verdict finding him guilty of securities fraud, obstruction of justice and wire fraud by arguing, among...more
2/26/2018
/ Abuse of Discretion ,
Appeals ,
Brokers ,
Determination on Remand ,
Evidentiary Hearings ,
False Statements ,
FBI ,
Federal Rules of Evidence ,
Financial Industry Regulatory Authority (FINRA) ,
Former Employee ,
Impeachment ,
Influencers ,
Juror ,
Obstruction of Justice ,
Prejudice ,
Reversal ,
Securities Fraud ,
Stocks ,
Wire Fraud
Bass, Berry & Sims attorney Chris Lazarini discussed a case involving an arbitration award and bankruptcy filing. The court ruled that where a bankruptcy action has been closed, the bankruptcy trustee's exclusive authority to...more
2/2/2018
/ Appeals ,
Arbitration ,
Bankruptcy Code ,
Brokers ,
Commercial Bankruptcy ,
Creditors ,
Equitable Tolling ,
Fraudulent Transfers ,
Jurisdiction ,
Standing ,
Time-Barred Claims ,
Trustees ,
UFTA ,
Unsecured Debt
Bass, Berry & Sims attorney Chris Lazarini discussed an adversary proceeding brought against a broker by a plaintiff seeking recovery of investment losses. After the plaintiff filed a FINRA arbitration, the broker filed a...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former commodities broker claimed her former employers retaliated against her for filing a civil rights complaint by causing her new employer to...more
11/16/2017
/ Adverse Employment Action ,
Brokers ,
Commission on Human Rights ,
Complaint Procedures ,
Employment Terms ,
Former Employee ,
Former Employer ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Harassment ,
Hiring & Firing ,
Jury Trial ,
Motion to Dismiss ,
Protected Activity ,
Racist Remarks ,
Retaliation
Bass, Berry & Sims attorney Chris Lazarini analyzed a challenge brought by three Republican state party organizations related to the legality of the 2016 Amendments to MSRB Rule G-37 barring brokers and dealers from...more
9/6/2017
/ Amended Rules ,
Brokers ,
Dealers ,
Dismissals ,
Dodd-Frank ,
Injury-in-Fact ,
MSRB ,
Municipal Securities Issuers ,
Political Contributions ,
Political Parties ,
Solicitation ,
Standing
Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the plaintiff, a former stockbroker, sued his employer after he was terminated claiming discrimination under the ADA and ADEA. Under these statutes and...more
6/12/2017
/ ADEA ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Brokers ,
Burden-Shifting ,
Dismissals ,
Hiring & Firing ,
Pretext ,
Reasonable Accommodation ,
Waivers
Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a former commodities broker appealed a decision ordering him to pay restitution to his former firm which had made its customers whole after the broker's...more