Monthly Archives: December 2016
Tips for Protecting Your Investments
It’s your money. You worked hard to earn it. It’s taken years to save it. Now you need to protect it. Here are some tips to help you make more informed investment choices and protect yourself from investment scams. Check out the “salesperson.” Just because someone says they have a securities license doesn’t mean… Read More »
How Do I Become a Member of an LLC?
Becoming a member of an LLC is relatively simple. The requirements for becoming an LLC member vary slightly, however, depending on whether the member is joining at the formation of the LLC or later. At formation, when the LLC will have only a single member, a person may become a member of the LLC… Read More »
What are the Differences Between FINRA Arbitration and Mediation?
When you open a brokerage account, you most always agree to bring any future disputes that arise with your stockbroker or brokerage firm to FINRA for adjudication. This means you give up your right to a jury trial. FINRA offers both arbitration and mediation services. In a nutshell, mediation is where a neutral third-party… Read More »
Feds Recover $4.7 Billion from False Claims Act Cases in 2016
The Department of Justice recently announced its tally of total recoveries for 2016 under the False Claims Act. The government recovered an astonishing $4.7 billion during this time. The DOJ press release shows the following trends. First, qui tam whistleblower cases continue to be on the rise. Whistleblowers filed 702 qui tam lawsuits in… Read More »
Will Trump kill the new fiduciary rule?
In the wake of the recent presidential election, speculation abounds that President-elect Trump will kill the Department of Labor’s so-called fiduciary rule, set to take effect in April 2017. Wall Street hates the new rule, as it imposes significant obligations upon them when dealing with IRAs and other retirement accounts. Prior to the new… Read More »
Member’s Exposure to Liability for Owning an Interest in an LLC
Under the Florida Revised LLC Act, a debt, obligation or liability of an LLC is solely the responsibility of the LLC and a member cannot be held personally liable solely because of the member’s status as a member. In addition, an LLC’s failure to observe formalities relating to the exercise or management of the… Read More »
Why are Qui Tam Cases Filed Under Seal?
Anyone reading this blog probably knows that we represent whistleblowers who file so-called “qui tam” cases under the False Claims Act. The term “qui tam” is a Latin term derived from the longer and ancient legal expression “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” meaning one “who pursues… Read More »
Can Attorney’s Fees Be Awarded in Securities Arbitrations?
In 2013, the Florida Legislature adopted the Revised Florida Arbitration Act (the “Revised Act”). One of the major changes in the Revised Act is the amendment to section 682.11, which, for the first time, gives arbitrators the authority to award attorneys’ fees. The relevant language in section 682.11(2) provides that an “arbitrator may award… Read More »
Offers to Recoup a Lost Investment: Are They Legitimate?
If you have lost money in a securities investment, obviously you would be happy to recoup some of those funds. Many companies that offer assistance with recovering lost capital, however, are likely fraudulent. A company may sound credible, have authentic looking documents, and a fancy website, but if the deal sounds too good to… Read More »
How do I become a whistleblower?
A whistleblower is a person who reports fraud, corruption or other wrongdoing, usually, but not always, at their place of work. Most states have laws that protect whistleblowers and prohibit employers from firing, demoting or retaliating against whistleblowers. When a whistleblower sees fraud committed against the government, he or she has the opportunity to… Read More »