Securities Litigation and Arbitration

LaBovick & LaBovick, P.A. is an AV rated law firm that represents investors in securities litigation and arbitration covering a wide range of disputes.

Most disputes involving investors and financial institutions are resolved with securities arbitration.  The arbitration process entails highly specialized proceedings that can last several days or possibly several weeks.

Common areas of securities arbitration include the following issues:

Breach of Fiduciary Duty, Unsuitability, Excessive Activity, Over-Concentration, Supervision, Unauthorized Trading, Mutual Fund Fraud, Margin Trading, Misrepresentations & Omissions, Private Placements, Asset Allocation, Ponzi and Pyramid Schemes, and Employee Stock Options

Laws that govern the Securities Industry include several acts and statutes:

The Securities Act of 1933, often referred to as the "truth in securities" law has two basic objectives:
  • Require that investors receive financial and other significant information concerning securities being offered for public sale; and
  • Prohibit deceit, misrepresentations, and other fraud in the sale of securities.
The Securities Exchange Act of 1934 - Congress used to create the Securities and Exchange Commission.
  • The Act empowers the SEC with broad authority over all aspects of the securities industry.
  • The Act also identifies and prohibits certain types of conduct in the markets and provides the Commission with disciplinary powers over regulated entities and persons associated with them.
Full Text of Securities Act of 1934 - Information from House of Representatives.

Other important Acts and Statutes involving Investor Protections include:

Trust Indenture Act of 1939
This Act applies to debt securities such as bonds, debentures, and notes that are offered for public sale. Even though such securities may be registered under the Securities Act, they may not be offered for sale to the public unless a formal agreement between the issuer of bonds and the bondholder, known as the trust indenture, conforms to the standards of this Act.

The Investment Advisers Act of 1940  - This Act regulates investment advisers. With certain exceptions, this Act requires that firms or sole practitioners compensated for advising others about securities investments must register with the SEC and conform to regulations designed to protect investors.

The Investment Company Act of 1940 - This Act regulates the organization of companies, including mutual funds, that engage primarily in investing, reinvesting, and trading in securities, and whose own securities are offered to the investing public. The regulation is designed to minimize conflicts of interest that arise in these complex operations.

Securities Investor Protection Act   (Rules of SIPC)
This Act, created in 1970 established the Securities Investor Protection Corporation (SIPC). Most brokers and dealers registered under the Securities Exchange Act of 1934 are members of the SIPC. The SIPC maintains a fund that is intended to protect investors against the misappropriation of their funds and of most types of securities in the event of the failure of their broker.

Florida laws and Statutes involving Investor Protections include:

The Florida Securities and Investor Protection Act
The Florida Civil Theft Statute
The Florida Abuse of the Elderly Statute

Claims surrounding the above Acts and Statutes often involve allegations of embezzlement, conversion, churning, conversion, failure to execute orders or follow instructions, failure to diversify, failure to hedge, forgery, front-running, market manipulation, suitability, over-concentration, theft, and unauthorized trading.

If you would like to discuss your  securities litigation and arbitration matter with one of our legal professionals contact us for additional information. We offer a Free Consultation. You can fill out the form to the left for an assessment of your personal matter. If you prefer to speak to us by phone, please feel free to call 888.777.3884 to discuss your personal matter with one of our professionals.

The Financial Services Division at LaBovick & LaBovick, P.A. accepts cases from clients throughout Florida, including Palm Beach, Martin, St. Lucie, and Broward counties, and the cities of Palm Beach Gardens, Jupiter, West Palm Beach, Boynton Beach, Stuart, Port St. Lucie, Delray Beach, Lake Worth, Boca Raton, Deerfield Beach, Fort Lauderdale and many other areas.