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Um dos mais experientes

Fraude de Investimento, Defesa de Títulos e FINRA Advogados de Arbitragem em todo o país

O advogado Pearce tem mais de décadas de experiência em primeira mão com disputas de investimentos em todo o país, nos EUA e internacionalmente. Somos um dos mais experientes escritórios de advocacia de arbitragem de títulos da FINRA em todo o país e já recuperamos mais de US$ 175 milhões em nome de nossos clientes.

Com mais de 40 anos de experiência pessoal

$21,000,000 Sentença Final para Roubo Civil
$8,500,000 Liquidação de Fraudes em Obrigações de Corretor de Bolsa
$8,200,000 Liquidação da Conta de Margem de Corretor de Bolsa
$7,800,000 Liquidação de Fraudes com Opções de Corretores de Ações
$6,000,000 Liquidação de Fraudes de Corretores de Títulos e Fundos de Obrigações
$5,800,000 Sentença arbitral para fraude de corretor de bolsa
$5,500,000 Acordo de Arbitragem FINRA
$5,000,000 Acordo de Arbitragem da FINRA
$4,300,000 Solução de Ação de Classe do Tribunal Federal
$3,500,000 Acordo com o Tribunal Estadual da Flórida
$3,350,000 Acordo de Arbitragem FINRA
$3,200,000 Sentença de Arbitragem FINRA
$2,750,000 Sentença de Arbitragem FINRA

O Law Offices of Robert Wayne Pearce P.A. representa clientes em todos os aspectos de fraudes em títulos, commodities e investimentos e outras questões em uma ampla gama de áreas de prática em litígios judiciais, arbitragem, defesa da SEC e procedimentos de mediação. Com sede em Boca Raton, Flórida, o advogado especialista em fraudes de corretores de valores Robert Wayne Pearce e sua equipe lidaram com centenas de casos de arbitragem e mediação de valores mobiliários da FINRA, AAA e JAMs para clientes satisfeitos localizados em muitos estados dos EUA em todo o mundo. Veja nossas investigações mais recentes sobre corretores aqui.

Veja mais de nossos resultados multi-milionários para investidores
MAIS DE $175 MILHÕES RECUPERADOS PARA CLIENTES Entre em contato com nossos advogados para obter ajuda em todo o país

Ajudamos Investidores, Consultores, Corretores de Ações e Fornecemos Defesa Regulatória

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Alguns advogados só trabalham para viver: nós trabalhamos -- pela justiça!

O Escritório de Advocacia de Robert Wayne Pearce representou investidores em todo o mundo e nos Estados Unidos. Nossos advogados recuperaram mais de US$ 175 milhões para seus clientes investidores em todos os tipos de casos de fraude e má conduta de corretores da bolsa.

Ouvir de nossos clientes

Nos escritórios de advocacia de Robert Wayne Pearce, P.A., acreditamos que o barômetro final de nosso sucesso está superando as expectativas de nossos clientes.

Os seguintes clientes têm conhecimento direto dos processos de nosso escritório a partir de dentro e experimentaram nossa feroz advocacia.

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Ouvir de nossos clientes

  • "Bob Pearce é o herói da Marvel na vida real que luta por pequenos investidores contra instituições de corretagem que administram o dinheiro suado dos investidores de forma descuidada e, pior ainda, cometendo fraudes."

    Bob Pearce é o herói da Marvel na vida real que luta por pequenos investidores contra instituições de corretagem que administram o dinheiro suado dos investidores de forma descuidada e, pior ainda, cometem fraudes. Durante anos, fomos enganados por uma corretora que nos disse que corrigiria o erro ou nos compensaria por seus erros. Somente depois que começamos a trabalhar com Bob, percebemos como é poderoso e maravilhoso ter um especialista jurídico de primeira linha ao seu lado. Bob é extremamente detalhista, bem informado, profissional e confiante. Estamos mais do que satisfeitos com o resultado que Bob obteve para nós em apenas alguns meses. Obrigado, Bob!

    - Q Wang -
  • "Robert Pearce faz parte daquela raça incomum de advogados que são capazes de criar empatia com os clientes e adotar completamente sua causa".

    Aqui não há meio esforço. Ele e seu grupo de profissionais são excelentes estrategistas que podem executar com fervor preciso e determinação inabalável. Eles são uma enorme onda de fatos, pesquisa, precedentes e preparação, que me impressionou em seu rigor e criatividade, e o mais importante com os resultados. Nenhuma pedra fica sem volta e nenhum esforço é poupado. Em meu livro, ele e eles são aqueles de um tipo muito raro que se quer manter por muito tempo.

    - Ramon Flores-Esteves -
  • "Assim como a canção da HAMILTON, é tão bom ter Bob Pearce do seu lado".

    Assim como a canção da HAMILTON, é tão bom ter Bob Pearce do seu lado. Ele é o advogado do demandante do processo: inteligente, dedicado, totalmente capaz de julgar um caso, mas um grande negociador numa mediação. Ele fez um trabalho maravilhoso para nós, apoiando-nos totalmente durante todo o processo e mais do que se manter contra um grande escritório de advocacia nacional.

    - Maurice Z. -
  • "O Sr. Pearce e sua equipe excederam todas as nossas expectativas".

    O Sr. Pearce e sua equipe excederam todas as nossas expectativas. Conseguimos chegar a um acordo que foi de nossa total satisfação, tudo dentro de um processo muito suave, profissional e eficiente. O Sr. Pearce agora não é apenas nosso advogado, mas nosso amigo de família. Recomendamos muito a ele e à sua equipe!

    - Severiano L. -
  • "Para a melhor chance de luta, Robert Pearce é o advogado que você quer em seu canto".

    Este escritório de advocacia é o verdadeiro negócio. Tivemos tanta sorte que eles levaram nosso caso porque têm tanta experiência em títulos e todos os erros que acontecem nestas empresas de investimento onde eles enganam você e seu dinheiro (como no nosso caso) em esquemas que não são o que você pensa que eles são. O Sr. Robert Pearce é um dos melhores advogados que existe, um verdadeiro profissional que lutará por você e lhe dirá como é o tempo todo. Não poderíamos ter passado por esta experiência se não fosse por todos os conselhos, orientação e apoio que ele e todo o seu pessoal e associados trouxeram para o jogo. Para a melhor oportunidade de luta, Robert Pearce é o advogado que você quer em seu canto.

    - Astrid M. -
  • "Ele nunca se sentiu intimidado e seu estudo do caso e sua perseverança prevaleceram em todos os momentos".

    O advogado Robert Pearce foi nosso advogado em um caso contra uma corretora e sou testemunha de sua capacidade e inteligência para lidar com advogados do mais proeminente escritório de advocacia de Nova York, o que foi a chave para recuperar grande parte de nossas perdas aplaudidas por sua negligência. Ele nunca se sentiu intimidado e seu estudo do caso e sua perseverança prevaleceram em todos os momentos.

    - Jose A. C. -
  • "No final, Bob e eu demos a última risada quando os árbitros me concederam quase 6 milhões de dólares".

    Nenhum advogado, exceto Bob, disse que eu tinha uma chance de ganhar. Quando os advogados da UBS me ofereceram, com gargalhadas, zero para resolver a disputa, Bob ficou ainda mais determinado a provar que todos estavam errados. Bob estava extremamente preparado, e sempre um passo à frente dos advogados da oposição durante toda a arbitragem. No final, Bob e eu demos a última gargalhada quando os árbitros me concederam quase 6 milhões de dólares.

    - J. Blanco -
  • "Cada reunião e chamada telefônica foi feita com dedicação e desejo de ajudar nossa família em cada passo do caminho".

    A equipe de Robert é excelente. Eles são muito competitivos no que fazem e são muito responsáveis. Cada reunião e telefonema foi feito com dedicação e desejo de ajudar nossa família em cada passo do caminho. Seu profissionalismo, responsabilidade e empatia nos garantiram que estávamos em boas mãos. Recomendar a todos.

    - Mayra A. -

Casos e investigações

Advogado de Produtos Estruturados

The Structured Products Lawyers at The Law Offices of Robert Wayne Pearce, P.A., specialize in representing investors who have suffered losses due to structured products and complex derivatives. With over 40 years of experience, our team of highly skilled attorneys understands the intricacies of these sophisticated financial instruments and the legal challenges they present, and we can help you recover losses from these structured notes. Structured products and complex derivatives are often misunderstood and misrepresented by financial advisors, leading to significant investment losses for unsuspecting clients. Our firm has a proven track record of successfully handling cases involving a wide range of structured notes, including auto-callable notes, market-linked notes, and equity-linked securities. To speak with Attorney Pearce, call (800) 732-2889 or Contact Us online for a FREE INITIAL CONSULTATION with Attorney Pearce about your case. We offer comprehensive legal services for investors who have been affected by: Our team is well-versed in FINRA arbitration and mediation proceedings, and we pursue claims for fraud, misrepresentation, breach of fiduciary duty, and failure to supervise. We work tirelessly to secure the best possible outcome for our clients, operating on a contingency fee basis to ensure that justice is accessible to all. If you’ve experienced losses due to structured products or complex derivatives, don’t hesitate to reach out. Contact The Law Offices of Robert Wayne Pearce, P.A. for a free initial consultation and let our experienced securities law attorneys fight for your rights and recover your investment losses. Can We Help Sue YourFinancial Advisor For Structured Note Investment Losses? Yes, we might be able to sue your financial advisor for structured note investment losses for one or more of the following reasons: What Are Structured Products? Structured products are securities derived from or based on a single security, a basket of securities, an index, a commodity, a debt issuance and/or a foreign currency. They are a hybrid between two asset classes typically issued in the form of a corporate bond or a certificate of deposit but instead of having a pre-determined rate of interest, the return is linked to the performance of an underlying asset class. As this definition suggests, there are multiple types of structured products. These variations include certain products offering full protection of the principal invested while others may offer limited or no protection of principal. For a full detailed description of structured products, read our page here: https://www.secatty.com/legal-blog/structured-notes/ At The Law Offices of Robert Wayne Pearce, P.A. we understand the features and risks of structured products. They are complex investments that often involve terms, features and risks that can be difficult for individual investors and investment professionals alike to evaluate. We have over 40 years experience representing domestic and foreign investors from offices located in Boca Raton, West Palm Beach, and Fort Lauderdale, Florida in courts, arbitrations and mediations nationwide. Contact us for a free consultation if you already have a dispute or problem with a structured product investment. If not, consider the following before you make any investment in structured product securities: Are Structured Notes Suitable Investments? Let me answer that question this way, a particular structured note may be suitable for somebody but not everybody. With regard to the more common structured notes being offered by the major financial institutions these days, they are not suitable for individuals seeking an investment that: They are not suitable investments if you are someone who: Have You Suffered Structured Note Investment Losses? Unfortunately, the lure of higher commissions have in recent years provided added incentives to stockbrokers to recommend structured notes to investors, including those for whom they were inappropriate, too risky, or never in alignment with their investment goals, including, the following types of structured notes: It’s a shock to many investors who sought to avoid market volatility by investing in structured notes. Many who thought they would receive a steady stream of income and guaranteed return of principal have suffered sharp and unexpected losses in structured notes with “reference assets” like Peloton, ARK, Alibaba, Meta(Facebook), Zillow, Yeti, etc. Depending on the other features of those structured notes, the loss of income and principal could be realized permanently. How We Can Help Recover Structured Note Investment Losses At The Law Offices of Robert Wayne Pearce, P.A., we represent investors in all kinds of structured note investment disputes in FINRA arbitration and mediation proceedings. The claims we file are for fraud and misrepresentation, breach of fiduciary duty, failure to supervise, and unsuitable recommendations in violation of FINRA rules and industry standards. There is no way you will recover your structured note investment losses without some legal action. However, Attorney Pearce and his staff represent investors across the United States on a CONTINGENCY FEE basis which means you pay nothing – NO FEES-NO COSTS – unless we put money in your pocket after receiving a settlement or FINRA arbitration award. CONTACT OUR STRUCTURED PRODUCT LAWYER The Law Offices of Robert Wayne Pearce, P.A. have highly experienced structured produce loss lawyers who have successfully handled many structured note cases and other securities law matters and investment disputes in FINRA arbitration proceedings, and who work tirelessly to secure the best possible result for you and your case. For dedicated representation by an attorney with over 40 years of experience and success in structured product cases and all kinds of securities law and investment disputes, contact the firm by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail.

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Um advogado explica: Os Riscos das Notas/Produtos Estruturados

Risks to Consider When Investing in Structured Notes/Products As an investor, you must be fully aware of the associated risks and whether structured notes fit within your investment parameters. Robert Pearce, Attorney at the Law Offices of Robert Wayne Pearce, P.A. will explain these risks to you. He is a highly experienced investment fraud lawyer who has successfully handled many structured note cases and other complex securities and investment law matters. What are structured products? More detail here Features of a particular structured product, dependent upon the type of products issued, that you as an investor should consider when determining its general suitability: Structured Product Credit Risk: Structured products are unsecured debt obligations of the issuer. As a result, they are subject to the risk of default by the issuer. The creditworthiness of the issuer will affect its ability to pay interest and repay principal. The financial condition and credit rating of the issuer are, therefore, important considerations. The credit rating, if any, pertains to the issuer and is not indicative of the market risk of the structured product or underlying asset. If a structured issue provides principal protection or a minimum return, any such guarantee rests on the credit quality of the issuer. Those issued by banks in the forms of CDs may also provide FDIC insurance with standard coverage limitations. Structured Product Liquidity Risk: Structured products are generally not listed on an exchange or may be thinly traded. As a result, there may be a limited secondary market for these products, making it difficult for investors to sell them prior to maturity. Investors who need to sell structured products prior to maturity are likely to receive less than the amount they invested. Therefore, structured products with longer maturities are subject to greater liquidity risk. The price that someone is willing to pay for structured products in a secondary sale will be influenced by market forces and other factors that are hard to predict. Sometimes, a broker-dealer affiliate of the issuer may make a market for the resale of structured products prior to maturity but the price it is willing to pay will be adversely affected by the commissions paid by the issuer on the initial sale of the structured products and the issuer’s hedging costs. Some structured products have lock-up periods prohibiting their sale during such periods. Persons who invest in structured products should have the financial means to hold them until maturity. Structured Product Pricing Risk: Structured products are difficult to price since their value is tied to an underlying asset or basket of assets and there typically is no established trading market for structured products from which to determine a price. Structured Product Income Risk: Structured products may not pay interest (or may not pay interest in regular amounts or at regular intervals), so they are not appropriate for investors looking for current income. Because the return paid on structured products at maturity is tied to the performance of a basket of assets and will be variable, it is possible that the return may be zero or significantly less than what investors could have earned on an ordinary, interest-bearing debt security. The return on structured products, if any, is subject to market and other risks related to the underlying assets. Structured Product Complexity and Derivatives Risk: Structured products typically use leverage, options, futures, swaps and other derivatives, which involve special risks and additional complexity. Structured Product Pay-Out Structure Risk: Some structured products impose limits, caps and barriers that affect their return potential. With barriers, a structured product may not offer any return if a barrier is broken or breached during the term of the structured product. Conversely, some structured products may not offer any return unless certain thresholds are achieved. Some structured products impose maximum return limits so even if the underlying assets generate a return greater than the stated limit or cap investors do not realize that excess return. Structured products also have participation rates that describe an investor’s share in the return of the underlying assets. Participation rates below 100% mean that the investor will realize a return that is less than the return on the underlying assets. Structured Product Volatility and Historical Performance of Underlying Asset(s): Past performance of an underlying asset class is not indicative of the profit and loss potential on any particular structured product. The value of the underlying assets can experience significant periods of fluctuation and prolonged periods of underperformance. Structured Product Costs and Fees: Costs and fees associated with the purchase of a structured product vary. Structured Product Tax Considerations: Structured products may be considered “contingent payment debt instruments” for federal income tax purposes. This means that investors will have to pay taxes each year on imputed annual income based on a comparable yield shown in the final term sheet or prospectus supplement. In addition, any gain recognized upon the sale or exchange, or at maturity, of these products will generally be treated as ordinary income. This especially pertains to principal protected issues. Please consult your tax advisor for guidance. Additional vulnerabilities may include loss of principal and the possibility that at maturity the investor will own the underlying asset at a depressed price. Interest rates and time remaining until maturity are all factors that may affect the value of the structured product. As with any investment selection, structured products should be purchased as a limited percentage of your portfolio and overall investable assets.

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Joseph Michael Todd, ex-corretor da Centaurus Financial, é processado

The Law Offices of Robert Wayne Pearce, P.A. is currently representing a Client of Joseph Michael Todd who has filed an arbitration claim against his employer, Centaurus Financial, Inc. Joseph Michael Todd Formerly With Centaurus Financial, Inc. and Investors Capital Corp. Has Three (3) Customer Complaints For Alleged Broker Misconduct. IMPORTANT: We are providing information about our clients’ allegations and seeking information from other investors who did business with Joseph Michael Todd and had similar investments, a similar investment strategy, and a similar bad experience to help us win our clients’ case. Please contact us online via our contact form or by giving us a ring at (800) 732-2889. Update: SEC Files Suit Against Joseph Michael Todd The SEC finally filed suit against Joseph Michael Todd (“Todd”) engaging in a fraudulent scheme from at least August 2016 through at least November 2022, where he allegedly misappropriated at least $3 million from at least 20 customers of Centaurus Financial, LLC (“Centaurus”), a dually registered broker-dealer and investment adviser that employed Todd as a registered representative. Todd obtained investor funds through deceptive means by instructing his Centaurus customers to write checks payable to his entities Todd Financial Services, LLC (“TFS”) and/or TFS Insurance Services LLC (“TFS Insurance”) or to Todd himself by falsely assuring customers that he and his entities would invest their funds in various securities. Instead, Todd commingled investors’ funds and kept the money for his own personal use, spending it on lavish real estate, boating, hunting, casinos, and adult entertainment. Todd perpetuated the fraud by making material misrepresentations to customers regarding the use of their funds in meetings that took place in person, in phone conversations, and in documents that he prepared and provided to customers. The SEC accused Todd and his entities because of their conduct, Todd, TFS, and TFS Insurance knowingly or recklessly committed securities fraud. In violation of Section 17(a) of the Securities Act of 1933 (the “Securities Act”) [15 U.S.C. §§ 77e(a), 77e(c), and 77q(a)] and Todd, TFS, and TFS Insurance violated Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 thereunder [17 C.F.R. § 240.10b-5]. The SEC brought the lawsuit to prevent further harm to investors and to seek disgorgement, civil penalties, permanent injunctions, and conduct-based injunctions stemming from the Defendants’ wrongdoing, and a permanent officer-and-director bar against Todd. Joseph Michael Todd Was Terminated by Centaurus Financial, Inc. On July 21, 2022, Joseph Michael Todd was terminated by Centaurus Financial, Inc. for not cooperating with an ongoing investigation into whether Joseph Michael Todd violated firm policy and industry rules with respect to allegations of selling away and the receipt of customer funds. Our law firm was contacted by a customer of Joseph Michael Todd alleging misappropriation or theft of funds. We are currently investigating such claims and are accepting clients who were victims of Joseph Michael Todd’s alleged misconduct. Joseph Michael Todd was fired from Centaurus Financial in July 2022, according to FINRA’s BrokerCheck. Michael Todd was terminated from Centaurus Financial because of claims he sold investments not authorized by the company, a common practice known as “selling away.” Did Joseph Michael Todd Cause You Investment Losses? Joseph Michael Todd, also known as Michael Todd, Formerly With Centaurus Financial, Inc. and Investors Capital Corp. Has Three (3) Customer Complaints For Alleged Broker Misconduct. If you believe you have suffered investment losses resulting from the conduct of Joseph Michael Todd at Centaurus Financial and Investors Capital Corp. you can contact the securities attorneys at The Law Offices of Robert Wayne Pearce, P.A. for a free consultation to discuss your rights. Joseph Michael Todd Customer Complaints Joseph Michael Todd has been the subject of three (3) customer complaints that we know about, one (1) of those complaints was filed in 2022 to recover investment losses. And One (1) of Joseph Michael Todd’s three (3) customer complaints were settled in favor of investors. However, one (1) of Joseph Michael Todd’s customer complaints was closed, and the customers have not taken any further action. There is currently one (1) pending customer complaint filed against Joseph Michael Todd’s former employer Centaurus Financial, Inc. for investment losses caused by alleged misconduct.  Allegations Against Joseph Michael Todd A sample of the allegations made in the FINRA reported arbitration claim settlements and/or pending complaints for investment losses are as follows:  We currently represent a Client of Joseph Michael Todd who have filed an arbitration claim against his employer, Centaurus Financial, Inc. A summary of the allegations made in the FINRA arbitration filed for investment losses realized by the Claimant were as follows: 1. Introduction Respondent Centaurus employed Joseph Michael Todd (hereafter referred to as either “Mike” or “Mr. Todd”) and held him out as registered representative, investment adviser, investment manager, financial adviser, and financial planner with special skills and expertise in the management of securities portfolios and financial, estate, retirement, and tax planning matters. Centaurus hired Mr. Todd after he was terminated by two prior broker-dealers for violations of industry rules, firm policies and procedures, including allegations of selling unapproved investments and misappropriation. It also permitted Mr. Todd to operate his Centaurus branch offices under the name “Todd Financial Services” as “a DBA for branding purposes.” The Respondent is being sued in its capacity as broker-dealer and investment adviser, investment portfolio manager, financial planner, and/or as an employer whose employees and agents, including, but not limited to, Mr. Todd, committed the acts and omissions which are the subject of this Statement of Claim.  Claimant is a 62-year-old single woman back working 3 months after she had retired and discovered that her Centaurus’ stockbroker and investment advisor Mr. Todd did the following: 1) Stole $425,000 of her funds that were supposed to have been invested in safe, liquid, fixed income securities for her retirement security and income; 2) Acted in his own “best interest” instead of Claimant’s “best interest” in soliciting her to sell $420,000 of her investment grade municipal bonds and reinvesting the sales proceeds in illiquid and high-risk...

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Advogados de Investimento e Valores Mobiliários

Somos um escritório de advocacia de valores mobiliários reconhecido nacionalmente

Com um histórico de sucesso na recuperação de perdas de investimento

O advogado Pearce é um respeitado defensor dos investidores em toda a comunidade jurídica, conhecido como um litigante feroz e incansável não apenas em Boca Raton, mas em toda a Flórida e em todo o país. Leia seu Blog de Direitos dos Investidores e descubra a amplitude de seu conhecimento que só pode ser adquirida com mais de 40 anos de experiência jurídica para você. Como um dos mais experientes advogados de arbitragem FINRA, o Sr. Pearce conhece todas as opções disponíveis para seu caso e as buscará vigorosamente para garantir o melhor resultado possível para você e seu corretor de valores e caso de má conduta do corretor de valores. Ele ganhou uma classificação de AV Preeminent * através do processo de avaliação por pares Martindale-Hubbell, a mais alta classificação disponível através desse programa.

O Sr. Pearce é um dos Super Advogados da Thomson Reuters Florida ** para Litígio de Títulos (Top 5). Leia o artigo de destaque sobre ele na revista Florida 2014 Super Lawyers intitulado: "Sem Desculpas - Como Robert Wayne Pearce começou o desastre pessoal".

Durante seus mais de 40 anos de experiência na prática da advocacia de valores mobiliários e commodities, ele ganhou inúmeros prêmios de milhões de dólares e acordos para seus clientes, o que lhe rendeu reconhecimento por seu sucesso pelo The Million Dollar Advocates Forum e The Multi-Million Dollar Advocates Forum como um dos melhores advogados de julgamento na América TM****.

Ao contratar Robert Wayne Pearce, um advogado com mais de 40 anos de experiência na área de títulos, commodities e fraude de investimentos em ambos os lados da mesa em arbitragens e litígios judiciais, você verá claramente sua experiência e conhecimento jurídico em ação. Tendo um litigante feroz e incansável defensor de seus direitos, um advogado que rapidamente identificará tanto os pontos fortes quanto os pontos fracos de seu caso certamente aumentará a probabilidade de ganhar seu caso.

Blog jurídico

O que é considerado uma violação do dever fiduciário?

Breach of fiduciary duty occurs when a person or entity in a position of trust (the fiduciary) fails to act in the best interests of another party (the principal). Given that fiduciary duty is the highest legal standard of care, any failure to uphold this responsibility can have severe consequences and monetary losses for those who have been entrusted with a fiduciary duty. Breach of fiduciary duty involves violating the fiduciary’s obligation to prioritize the principal’s interests over their own. Common examples include self-dealing, conflicts of interest, misappropriation of funds, and failure to disclose important information. Fiduciary relationships exist in various contexts, such as between trustees and beneficiaries, directors and shareholders, lawyers and clients, and guardians and wards. Stockbrokers and financial advisors often have fiduciary duties to their clients, requiring them to provide suitable investment advice and manage assets responsibly. What constitutes a breach of fiduciary duty? To prove that breach of fiduciary duty has occurred, the principal must typically demonstrate the existence of a fiduciary relationship, breach of fiduciary obligation, and resulting damages. Remedies may include monetary compensation or equitable relief. In the financial sector, breaches can lead to regulatory penalties and loss of professional licenses. See below for the detailed information you are looking for. Investment Losses? We Can Help The Law Offices of Robert Wayne Pearce, P.A., offers free consultations on breach of fiduciary duty cases. Give us a call at (800) 732-2889. Let’s discuss your case and see what we can do to help you get the compensation you need and deserve. Investment loss? Let’s talk. or, give us a ring at 561-338-0037. How Do You Prove Breach of Fiduciary Duty – Four Elements of a Breach of Fiduciary Duty Case To prove a breach of fiduciary duty, four key elements must be demonstrated: the existence of a fiduciary duty, a violation of that duty, resulting harm, and a causal connection between the breach and the harm. Duty – There Exists a Fiduciary Duty There must be an established fiduciary relationship between you and the other party for the fiduciary to owe you a duty. To hold a fiduciary accountable to their standard of care, it is essential to demonstrate that they knowingly accepted the role. This is typically shown through a written agreement between the parties, such as a customer agreement. Breach – There Was a Violation of This Duty Fiduciaries are required to work in the best interests of their clients, and any deviation from this standard may constitute a breach. To demonstrate a breach of fiduciary duty, one must have evidence that the individual holding this responsibility acted negligently or maliciously—or prioritized their own interests over yours. This can include lost investments, diminished value of your assets, outright theft, decisions made without your consent, or failure to carry out one’s fiduciary responsibility. You can also prove a breach through the fiduciary’s failure to act—for example, not disclosing a conflict of interest. It is best to speak with an investment fraud lawyer to determine if your fiduciary failed in their responsibility and contributed to your losses. Damages – The Breach of Duty Resulted in Harm to You For there to be a legitimate claim of breach of fiduciary duty, the breach must have caused you to suffer damages. Proving there was a breach is not enough for a valid claim of breach of fiduciary duty. Unless you can demonstrate how the violation of fiduciary duty directly caused you to suffer damages, your claim may not be successful. Damages can be either economic or non-economic, such as mental anguish.  Causation – There is a Connection Between the Breach and the Harm There must be a direct link between the fiduciary’s breach and harm to you. If you incurred damages that cannot be connected to the individual’s breach, your claim may not be successful. Breach of Fiduciary Duty Examples Breaches of fiduciary duties can take many forms. A fiduciary must act in the best interests of their client. When they fail to do so, serious harm can result. Examples of a breach of fiduciary duty include misrepresentation or failure to disclose information, excessive trading, unsuitable investments, failure to diversify, and failure to follow instructions. Misrepresentation or Failure to Disclose Information If a financial advisor does not present a client with all material information about an investment, this is a breach of fiduciary duty. Material information is what a reasonable investor would consider important when deciding whether to invest.  Sometimes financial advisors will mislead investors by omitting information, such as risk factors or any negative information about a stock.  Excessive Trading Excessive trading, also known as churning, in your account is a breach of fiduciary duty. Financial advisors or stockbrokers will make large numbers of trades solely to generate more commissions for themselves.  Unsuitable Investments Financial advisors must “know their customer” before making investment recommendations. This includes understanding the client’s investment objectives, risk tolerance, time horizon, financial standing, and tax status. The advisor breaches their fiduciary duty if they make an unsuitable investment, even with the best intentions.  Failure to Diversify Your financial advisor must recommend a mix of investments so that your assets are properly allocated among various asset classes and industries. Failing to diversify your portfolio puts you in a position of great risk and is a breach of fiduciary duty. If your assets are over-concentrated in a particular stock or sector, you may experience significant losses if the company or industry does not perform well.  Failure to Follow Instructions When you give instructions to your financial advisor, they have the fiduciary duty to promptly perform your orders. If your advisor fails to follow your instructions in a timely manner and you suffer financial losses, you can recover. Can You Pursue a Lawsuit for a Breach of Fiduciary Duty? Yes, you can pursue a lawsuit for a breach of fiduciary duty. You will need to speak with an investment fraud lawyer to determine if your fiduciary failed in their responsibility and contributed to your losses. It is important that you prove there was a breach, damages were caused, and the breach was directly...

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O que são Notas Estruturadas em Investimentos? Um advogado explica

What are Structured Notes? Structured Notes are investments which often combine securities of different asset classes as one investment for a desired risk and return over a period of time. They are complex investments that are often misunderstood by not only investors but the financial advisors who recommend them.  Structured notes are manufactured by financial institutions in all sizes and shapes. Generally, a structured note is an unsecured obligation of an issuer with a return, generally paid at maturity, that is linked to the performance of an underlying asset, such as a securities market index, exchange traded fund, and/or individual stocks. The return on the structured note will depend on the performance of the underlying asset and the specific features of the investment being made. The different features and risks of structured notes can affect the terms and issuance, returns at maturity, and the value of the structured product before maturity. They may have limited or no liquidity before maturity. Before investing, you better make sure you understand the terms and conditions and risks associated with the structured note being offered. Structured Notes Specifics Structured notes are often represented as investments being guaranteed by large financial institutions. Indeed, the top issuers of structured notes in 2021, Goldman Sachs (12.75%), Morgan Stanley (12.70%), Citigroup (12.46%), J.P. Morgan (11.92%), UBS (80.47%), Credit Suisse (4.99%), RBC (4.45%), Bank of America (3.90%), Scotiabank (3.89%), are some of the largest financial institutions in the world. It’s important to understand that although the benefits of owning structured products may be guaranteed to be paid by one of those large financial institutions, the amount of interest or principal being guaranteed is dependent upon the features of the product being sold; that is, the specific terms and conditions of the investment contract being purchased. In this low-interest rate environment the most popular structured notes being offered are structured notes with principal protection and income features. Some of the structured notes offer full principal protection, but others offer partial or no protection of principal at all. Some structured notes offer higher rates of interest that may be paid monthly and then suddenly stop paying any interest at all because payment was contingent upon certain events not happening. It all depends on the terms and conditions of the investment contract being purchased, which is why you must read the term sheet or better yet the prospectus to understand the nature, mechanics and risks of the structured note being sold. Structured Notes Features You need to understand that there are many key terms beyond the words “guarantor” and “guaranteed” which are used often to describe structured notes. You need to ask about and be sure to understand the following features of the structured notes being offered: Talk to an Attorney Before Investing in Structured Notes Structured notes are a type of investment that can offer higher returns than traditional investments, but they also come with more risks. If you’re thinking about investing in a structured note, it’s important that you understand how these products work before making a decision. Robert Pearce, Attorney at the Law Offices of Robert Wayne Pearce, P.A. is a highly experienced investment fraud lawyer who has successfully handled many structured note cases and other complex securities and investment law matters. He will explain structured notes in more detail below this image. What are the Different Types of Structured Notes? There are different types of structured notes, but they all have one goal in common: to give the investor a higher return than what they would get from a traditional investment, like a savings account or government bond. Structured notes can be created with different underlying assets, including stocks, bonds, commodities, and even currencies. The most common type of structured note is the principal protected note, which is designed to protect the investor’s original investment while still offering the potential for growth. Underlying Asset Categories of Structured Notes: Index: The performance of a selected index is used as a reference asset for some structured products. An index is a statistical measure of change in a securities market and the particular index selected varies by product and issuer. The S&P 500 and Dow Jones Industrial Average are two well known examples, but narrower types of indices may be used, such as those relating to particular sectors or regions. Currency: A selected group or basket of currencies whose weighted average is used as a reference asset for some structured products. The number of and particular currencies selected vary by product and issuer. The Euro and Yen are examples. Commodity: A selected, basic good or group of goods whose value is used as a reference asset for some structured products. The type and number of commodities selected vary by product and issuer. Grains, gold, oil and natural gas are examples. Interest Rates and Yields: Bond indices, yield curves, differences in prevailing interest rates on shorter and longer-term maturities, credit spreads, inflation rates and other interest rate or yield benchmarks are used as a reference asset for some structured products. Other types of structured notes include: How do Structured Notes Work? Structured notes are created by banks and other financial institutions. The issuer of the note will bundle together different types of securities, such as stocks, bonds, and commodities. The way these assets are bundled together will create the desired risk and return for the investor over a period of time. All structured notes have two parts: a bond component and a derivative component. Most of the note is invested in bonds for principal protection, with the rest allocated to a derivative product for upside potential. The derivative product investment allows exposure to any asset class. It’s important to remember that a structured note is a debt obligation. The issuer of the structured note typically pays interest or dividends to the investor, similar to a bond, during the terms of the notes. This makes this type of investment seem safe and secure to many investors. However, there is always the potential for...

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