Have Prosecutors Gone Too Far?

Check out this month's edition of the ABA Journal for an in-depth analysis of the Federal Government's ongoing investigation of plaintiffs securities class action law firm powerhouse Milberg Weiss Bershad & Schulman. Author Martha Neil poses the question "Should Law Firms Ever Be Indicted" and aptly notes that the makings of the Government's case against the law firm contains "all the elements of a John Grisham potboiler."

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Trouble in the Workplace, Part I

Guest Blogger: Katherine Vessenes, JD, CFP® - President, Vestment Advisors

Investors are not the only group going after the industry’s deep pockets. With numerous class actions pending against broker dealers by unhappy reps, it has become clear that claims between reps and their firms can be even more costly than the claims made by unhappy investors.

With both broker dealers and their reps getting bad legal advice, the issues keep escalating. There are five common claims and issues that are currently making their way through the courts or arbitration. Let’s take a look at the first three:

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Don't Be Too Generous During The Holiday Season

Better stick to cards and fruit baskets this year.  The NASD fined Jefferies & Company, Inc. $5.5 million for giving $1.6 million in gifts of private chartered air travel, non-promotional sports-related merchandise, expensive wine, weekend golf outings, and tickets to the Super Bowl to equity traders employed by FMR Co., an investment advisor to the Fidelity family of mutual funds.  James S. Shorris, NASD Executive Vice President and Head of Enforcement explained "NASD's gift and gratuity rules were designed to prevent just the sort of conduct at issue here, which threatens the integrity of the relationship between a brokerage firm and its institutional customer.  That this customer -- a mutual fund manager -- was itself a fiduciary only aggravates the already egregious circumstances in this case."  For more guidance regarding appropriate gifts, go to NASD Notice To Members 06-69