• Kantas & Associates, LLC 1010 Lamar, Suite 900 Houston, TX 77002
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Kantas & Associates

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    Can You Claim Against Your Broker or Financial Advisor?

    If you trusted a brokerage firm or financial advisor to manage your financial assets, you may have a claim for losses incurred if your advisor failed in their duty of care. Every year, countless investors fall victim to negligent or unscrupulous practices. Kantas Law helps investors recover their losses and get justice when they’ve experienced investment and securities fraud.

    Securities Arbitration and Litigation Causes of Action

    Each case Kansas Law examines has its own unique conditions and circumstances. However most investor securities fraud cases are built on one of the following common causes of action. If you believe you have a cause, contact us today to discuss your case.

    Misrepresentation and Omissions

    A broker must disclose all material risks to their client, and cannot misrepresent those risks. Claims that any investment is “guaranteed” or “secured” and obvious red flags that clients should avoid. If you feel that your financial advisor was overly promissory or failed to disclose known risks, reach out to discuss the details of your claim.

    Unsuitable Investments

    What is classed as a “suitable” or “unsuitable” investment varies from state to state. However in general, your brokerage firm or financial advisor is required to protect your interests by making sensible decisions. Common examples of unsuitable recommendations include selling speculative, high-risk stocks to clients with limited resources, or concentrating a portfolio in a single type of securities. If you think your brokerage firm made unsuitable investments on your behalf, get in touch.

    Churning and Excessive Trading

    Many state securities acts prohibit churning and excessive trading. If your account incurred high fees and lost money as a result of excessive trading, you may have a claim against your brokerage.

    Violation of State or Federal Securities Law

    State and federal securities laws cover a wide range of violations, including Ponzi and pyramid schemes, insider trading, embezzlement, and falsifying documents. While federal prosecutors aggressively pursue many cases of securities fraud in criminal court, as a victim of a violation you may require representation in order to recover your losses.

    Breach of Fiduciary Duty

    Fiduciary law varies from state to state, but being a fiduciary confers additional obligations onto a broker. Fiduciaries must allocate and diversify client accounts, and manage accounts directly in line with the needs and objectives of the client. The fiduciary must also stay informed of any changes in the market that could affect their client’s interests, and react responsibly and sensibly to those changes. If you feel your brokerage firm breached its fiduciary duty while managing your account, request a consultation today.

    Breach of Contract

    Every brokerage firm requires clients to sign a new account agreement, outlining how the firm handles the account. These agreements also include the FINRA Conduct Rules, which also hold the firm to good practices. If your financial advisor or brokerage firm has breached the terms of this contract, contact us to discuss making a claim.

    Negligence

    Your financial advisor or brokerage firm is required to exercise due care in managing your account. Failing to asset allocate or diversify puts the client’s investment at increased risk, and is a classic example of negligent management. If you believe your financial advisor or brokerage firm was negligent in managing your account, get in touch to arrange a consultation.

    Margin Account Violations

    Trading on the margin is a complicated procedure that carries additional risks for the investor. The rules surrounding margin calls, pattern day trading, and liquidation violations are equally complex. If you believe a violation occurred, you can schedule a consultation to discuss your case.

    Unauthorized Trading

    Your financial advisor is required to seek authorization before making trades on a client’s behalf. However there are some exceptions to this rule, for example if the client has a margin account and a call is issued. If you believe your financial advisor or brokerage firm has engaged in unauthorized trading and you lost money as a result, get in touch today.

    Failure to Supervise

    Brokerage firms must supervise their financial advisors and can be held responsible for the actions of individual employees if they fail to do so. If you lost money because of decisions made by your financial advisor, you may have a cause of action against the brokerage firm. Book a consultation today to discuss your case.

    Types of Litigation for Investor Disputes

    Most brokerage firm contracts require clients to agree to arbitration in the event of a dispute. This is typically administered through the Financial Industry Regulatory Authority (FINRA), Judicial Arbitration and Mediation Services (JAMS), or the American Arbitration Association (AAA). Alternatives to arbitration include class action lawsuits and court litigation.

    While some object to mandatory arbitration, this is often the fastest way to resolve claims against brokerage firms. The average FINRA case is resolved in 16 months. Class action suits typically take 60 months or longer.

    Kansas Law is experienced in litigating investment and securities fraud in court and arbitration. Get in touch today to discuss your claim.

    Securities Industry Employment Disputes

    Kantas Law doesn’t only represent brokerage firm clients. We also handle cases on behalf of securities industry employees in employment disputes. We help financial advisors looking to join a new firm or seeking release from employment agreements signed with brokerage firms. If you need advice about an employment dispute in the securities industry, schedule a consultation today.

    Commercial Litigation

    Litigating disputes between commercial entities can be complex and time intensive. Kantas Law are experienced in commercial litigation in the investments and securities industry. We can represent your company in arbitration or court litigation whenever a dispute arises. To learn more, reach out today.

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