The Law Offices of Robert Wayne Pearce, P.A.
Over 25 Years of Experience with Broker / Investor Disputes
1-800-732-2889
(561) 338-0037
Boca Raton - West Palm Beach - Fort Lauderdale
Florida Investor Lawyer
Florida Churning and Unsuitable Investments Attorney
Securities and commodities law is complex and can involve many issues in many forums with different rules and procedures. The Law Offices of Robert Wayne Pearce, P.A. brings experienced trial and arbitration lawyers to your side with substantial dispute resolution experience in determining the validity of a securities or commodities law claim or defense.
Mr. Pearce has over 25 years of experience in the complex field of securities and commodities law and can rapidly evaluate the merits of broker / investor disputes and related government and industry regulator investigations and enforcement actions. Some of the most common forms of stockholder misconduct are listed below:
Fraud. Investment fraud and securities fraud takes place when stocks, bonds, options, futures contracts, hedge funds, currency, or other investments are intentionally misrepresented. Brokers, managers, and others in a position of trust have a duty to be honest and forthright with you concerning your investments.
Misrepresented Investments. Sellers of securities and commodities have strict obligations to provide accurate information about the investments they sell. Federal and state laws and industry rules and regulations prohibit brokers from making any "material misrepresentation" about the investments they sell. Brokers are also required to disclose any information that a sensible investor would need to know when making a decision to invest.
Unsuitable Investments. Brokers have a duty to recommend suitable investments to investors in light of their stated objectives, financial condition and tax status. If a broker recommends investments inconsistent with the foregoing, there may be liability under federal and state laws as well as industry rules and regulations.
Churning. Churning takes place when excessive trades occur in an account in order to generate multiple commissions. Churning is a violation of Federal and state laws and industry rules and regulations if a broker exercises actual control over the account and if the broker disregards the customer's best interests.
Breach of Fiduciary Duty. A fiduciary duty is an exceptionally high degree of care that the law imposes on certain professional relationships. The stockbroker-customer relationship can be viewed as a fiduciary relationship if the customer looks to the broker for advice, the broker is aware that the customer is depending on the broker's advice, and the broker accepts that responsibility. When a fiduciary relationship exists, a broker has an obligation to use the utmost duty of loyalty, good faith and professional care toward the customer.
Negligence. When a broker handles a client's account in an unreasonable manner, the client may have a claim for negligence. Negligence can cover a wide range of circumstances.
Failure to Supervise. By law, brokerage firms are required to supervise the activities of their brokers and of their entire firm. This is to ensure ethical practice and goodwill. Brokerage firms are required to review all accounts and are required to investigate any suspicious actions.
There are many other forms of Broker Misconduct.
If you are seeking a law firm with integrity, dedication, and substantial experience in securities and commodities law, broker and investor disputes, and related government and industry regulator investigations and enforcement actions, schedule a confidential consultation today by calling us at (561) 338-0037 or toll free at 1-800-732-2889, or filling out our intake form.
We Offer Flexible Fee Structures to Meet Your Needs
The Law Offices of Robert Wayne Pearce, P.A.
Attorneys at Law
Toll-Free: 1-800-732-2889
E-mail
