LAWRENCE R. GELBER, ATTORNEY AT LAW


LEGAL SERVICES TO BROKERAGE FIRM CUSTOMERS


             
                 
      
 
   PHONE
: (718) 638  2383

 
   CELL
:    (917) 992 3596

 
   FAX
:   
  (718) 857 9339

   



























































 
   PHONE
: (718) 638  2383

 
   CELL
:    (917) 992 3596

 
   FAX
:   
  (718) 857 9339


   






























































 
   PHONE
: (718) 638  2383

 
   CELL
:    (917) 992 3596

 
   FAX
:   
  (718) 857 9339


   
  

    

Lawrence R. Gelber has significant experience recovering money lost through the
improper conduct of stockbrokers. While Mr. Gelber's practice in recent years has
been geared to the defense of small and medium sized brokerage firms, his years
of experience litigating against large brokerage firms can operate to your advantage
in the effort to secure a substantial recovery for your losses.

Ironically, it is precisely because Mr. Gelber has extensive experience defending
small and medium sized brokerage firms that he intimately understands the
best way to proceed on your behalf.

When you invest in stocks or other securities, the market risk is yours. However,
if that risk is increased through the actions of your broker, you may be able to
recover money through the securities arbitration process.

If you have lost more than $150,000.00, Mr. Gelber can help you determine if the
loss was due to broker misconduct and how best to proceed to help you
recover your losses.

Broker Misconduct

The following are some of the types of broker misconduct than can form the
basis of a claim that would enable you to recover money:
  1. Churning
  2. Unauthorized trading
  3. Unsuitable recommendations
  4. Excessive use of margin
  5. Penny stock violations
  6. Failure to disclose important information
  7. Misrepresentations made to get you to buy a stock
  8. Excessive commissions and fees
  9. High pressure sales tactics
  10. Front running
  11. Failure to execute a trade instruction
  12. Selling an unregistered security to you
  13. Selling anything to you while not being registered in your state
  14. Exceeding your risk tolerance
  15. Theft of assets
  16. Phantom trading
  17. Forgery

Types of Claims

If a broker engages in any misconduct, including the types of misconduct
listed above, and if you have lost money, you can assert a wide variety of
claims in an effort to recover the part of your losses attributable to that
misconduct. Among the types of claims you can bring, in no particular order,
are:
  1. Securities fraud
  2. Common law fraud
  3. Negligence
  4. Breach of Contract
  5. Breach of fiduciary duty
  6. Breach of duty of good faith and fair dealing
  7. Unjust enrichment
  8. Conversion
  9. Failure to supervise
  10. Violation of consumer protection laws (in some states)
In addition to your actual losses, you can also ask for exemplary damages,
also called punitive damages. In many states you can ask for an award to
cover your attorney fees as well.

Securities Arbitration

Since the 1980s, the dominant arena for resolving claims and disputes
between customers and stockbrokers has been arbitration. The securities
industry in the United States is regulated through multiple agencies and
organizations such as the SEC, the securities regulators of each state, and
the various stock exchanges and associations, which are sometimes known
as Self-Regulatory Organizations, or SROs.

The SROs provide facilities for the arbitration of disputes. Over the years one
SRO has stood out among the rest as the primary arena for the arbitration of
disputes. Formerly known as the National Association of Securities Dealers,
Inc., and currently known simply as NASD, this SRO has offices throughout
the country to facilitate and handle the ever growing number of securities
arbitrations filed every year.

Therefore, unless your claim has a particular peculiarity that would suggest it
be arbitrated at one of the other SROs, such as the NYSE, CBOE, MSRB,
NFA or CFTC, the great likelihood is that you would file your claim at NASD.
Depending on the contract with your brokerage firm, you may be able to
arbitrate the dispute at one of the several private arbitration companies,
such as the AAA or JAMS, but NASD is the most likely place.

Arbitration is less formal than courtroom litigation. It is conducted in front of
a panel, usually three, of ordinary business people, rather than a judge and
a jury. The technical rules of evidence are considerably relaxed. And while
there can be substantial fees attached to an arbitration claim, it is generally
thought of as far less expensive than a full blown courthouse litigation.

Securities arbitration is also generally faster than litigation, particularly in New
York. However, successfully appealing an undesirable arbitration verdict is
far more difficult than appealing an unfavorable litigation verdict. The word
"binding" in the phrase "binding arbitration" is particularly apt.

Unlike court cases, arbitration decisions are not generally publicly available.
However, NASD now makes available on its web site, a database of arbitration 
decisions, which is searchable by any number or parameters, such as party 
name or attorney name. 

Securities Mediation

Statistics suggest that the majority of disputes between customers and
stockbrokers are settled before there are any evidentiary hearings.
Frequently, skilled counsel can negotiate an acceptable settlement,
subject to your express approval, on your behalf. Sometimes, however,
the expectations of each of the parties are too high, and settlement,
though desirable, appears almost impossible.

In such instances, it can be advantageous to engage in non-binding securities
mediation. In mediation, the parties get to express their feelings and
present their claims to a neutral intermediary known as a mediator. They
can do so in such a way that they reveal nothing to the other side, thereby
preserving their secret trial strategies in the event a mediated settlement
is not achieved.

The mediator can present an impartial view of the strengths and weaknesses
of each side's case directly to the parties. The mediator's impartial views
can then enable the parties to evaluate their positions more realistically.
This process has been shown to increase settlements by a substantial
factor, ultimately saving time, money and surprise rulings. 

Securities Litigation

Certain types of investments, such as private placements, may be made in
a context where there is no contractual obligation to arbitrate a dispute
arising out of such investment. In such circumstances, claims can be filed
in either state of federal court. Such cases, if not settled or dismissed on
motion, go through to a trial. The trial can be either a bench trial (a single
judge and no jury) or a jury trial.

Securities litigation is bound by strict rules of evidence. It can involve very
substantial costs, particularly in connection with a process called "discovery".
Discovery is the means through which each side can minimize the chance
of being taken by surprise at trial. This is accomplished by requesting
documents in advance, by submitting questions (known as interrogatories)
in advance, and by taking depositions (also known as Examinations Before
Trial or EBTs) in advance.

As with litigation, arbitration also provides opportunities for discovery, but
the opportunities are more narrowly framed. Generally, EBTs are not
available in arbitration.

Mr. Gelber is experienced in all aspects of the dispute resolution methods
discussed above. Because such claims are very fact specific, it
is important that you discuss your case in as much detail as possible with
your lawyer. For example, an investment that may be quite appropriate for
one type of individual may be wholly inappropriate for another type of individual.

Mr. Gelber has experience arbitrating claims involving stocks, bonds, mutual
funds, options, margin, limited partnerships, commodities, negotiable instruments
and a host of investment strategies utilizing one or more of the foregoing.

If you have lost more than $150,000.00, please telephone Mr. Gelber for a
confidential, free consultation at (718) 638 2383, or e-mail to 
GelberLaw@aol.com or  Lawence@GelberLaw.net .
 



 Copyright Lawrence R. Gelber, 2004 - 2008
. All rights reserved. "GelberLaw","Lawrence R. Gelber, Attorney At Law" are
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