Securities, Investment and Finance Litigation

The commercial litigation lawyers at Mark Anchor Albert and Associates are experienced in financial fraud litigation, representing both plaintiffs and defendants in high-stakes cases for over 25 years. They deliver winning results for clients in disputes involving the financial, credit, and securities markets. We handle and try cases involving:

• Litigation for and against investment and commercial banks;
• Litigation for and against hedge funds;
• Litigation for and against mutual funds;
• Litigation for and against insurance companies;
• Litigation for and against credit unions;
• Litigation for and against broker-dealers and investment advisors;
• Litigation for and against officers and directors; and
• Litigation for and against private companies.

The financial fraud litigators at Mark Anchor Albert and Associates have represented various types of entities in financial services litigation in federal and state courts and arbitration proceedings, for both plaintiffs and defendants.

Mark Anchor Albert and Associates’ attorneys have been involved in some of the most high-profile securities class action and shareholder derivative cases in the nation. We have litigated numerous types of securities actions and insider trading cases, including ’33 and ’34 Act claims, fraud and non-disclosure cases under the California Securities Act and sister-state Blue Sky laws seeking rescission, damages, and related relief, and corporate governance litigation, including business judgment rule cases, fiduciary breach cases, and related shareholder derivative actions.

These cases typically have involved complex insurance coverage issues under director’s and officer’s (D&O) liability insurance contracts, comprehensive general liability (CGL) insurance contracts, errors and omissions (E&O) insurance contracts, or professional negligence (malpractice) insurance contracts. Insurance-related issues often have implicated related indemnity and contribution claims, declaratory relief actions regarding coverage or non-coverage under applicable insurance policies, defense fees and costs arbitrations and mediations, and third-party plaintiff and interpleader actions.

Among the types of broker-dealer, investment advisor, and finance-related claims we handle are:

• Breach of Fiduciary Duties;
• Negligence;
• Stock Manipulation and Other Conflicts of Interest;
• Sales Practice Disputes;
• Churning and Unauthorized Trading;
• Fraud and Deception;
• Investment Unsuitability;
• Failure to Supervise; and
• Federal and State Statutory Violations.

Mark Anchor Albert and Associates’ investment fraud trial attorneys are well-versed in financial litigation and arbitrations. Whether your dispute requires litigation in state or federal court, or arbitration before the American Arbitration Association, the New York Stock Exchange, FINRA (formerly the National Association of Securities Dealers (NASD)), the National Futures Association, or other arbitration forums, or in litigation and trials in state and federal courts, you can count on us to vigorously and steadfastly protect, defend, and advance your interests with skill and determination.

On the defense side, Mark Anchor Albert and Associates’ attorneys have represented issuers of securities, along with their officers and directors, in numerous class action securities fraud cases. We have an outstanding track record of resolving these cases by obtaining dismissals on the pleadings, defeating class certification, winning summary judgments, and achieving bargain-basement settlements on steeply-discounted terms. Some of these cases include:

In re Future Income Payments FINRA Securities Litigation

Represented prominent Registered Investment Advisor in a FINRA arbitration alleging, among other claims, violations of the fiduciary suitability requirement involving the sales of investment contracts issued by Future Income Payments, LLC. Obtained favorable resolution by settlement after threatening suit to obtain E&O insurance coverage. Obtained indemnity settlement payment to resolve the claim from the client's E&O insurance carrier.

In re 1 Global Capital LLC SEC Securities Litigation

Represented a California state registered Investment Advisor and related persons in an investigation instituted by the Securities and Exchange Commission ("SEC") alleging violations of Sections 5(a) and 5(c) of the Securities Act of 1933 and Section 15(a) of the Securities Exchange Act of 1934, regarding the clients' sale of 1 Global Capital 9-month notes through a wholesaler, American Alternative Investments LLC. Prepared a comprehensive Wells Submission to the SEC pursuant to Rule 5(c) of the Commission's Rules on Informal and Other Procedures, 17 C.F.R. § 202.5(c), and Securities Act Release No. 5310, "Procedures Relating to the Commencement of Enforcement Proceedings and Termination of Staff Investigations" (see Wells Release PDF).

In re Bergen Brunswig Corp. Securities Litigation

Represented Bergen Brunswig Corporation and various Bergen Trust issuers in multiple consolidated and coordinated securities class action proceedings pending in various district courts across the nation, alleging approximately $1.5 billion in damages against the company. Obtained favorable settlement for the institutional defendants after motion practice.

In re Bergen Brunswig Corp. Derivative Litigation

Represented the senior officers and directors against derivative action alleging breach of fiduciary duties, negligence and insider trading. Successfully moved to dismiss the action.

In re LIVE Film & Media Corp. Sec. Litigation

Represented the senior officers and directors of LIVE Entertainment and its successor company in several consolidated and coordinated federal class action cases alleging violations of federal and state securities laws and common law fraud, arising from alleged accounting irregularities in connection with certain acquisitions and divestitures of subsidiary entities. Briefed and argued successful motions to dismiss the actions for failure to prosecute and for failure to state a claim on res judicata grounds, which resulted in the complete dismissal of all of the actions, with prejudice.

In re Vestron Inc. Foreign Video Distribution Litigation

Represented Vestron, Inc. and its successors, and their senior officers and directors, in class action suits in New York state court alleging that the defendants conspired to misallocate the proceeds from the sale and licensing of video packages distributed internationally. Prepared the appellate brief challenging an adverse state court ruling. Devised the successful strategy of requesting that the prior bankruptcy case of Vestron be reopened to obtain an injunction by the Bankruptcy Court to stay the state court class action proceeding.

On the plaintiffs’ side, the financial services litigators at Mark Anchor Albert and Associates have represented bond funds, pension funds, insurance companies and other institutional investors in various state and federal class action proceedings. Some of these cases include:

Transamerica Fin. Life Ins. Co. v. Merrill Lynch & Co.

Represented life insurance company and related funds in prosecuting securities fraud claims against investment banks that sold Enron-related securities by means of offering circulars that contained material misstatements and omissions. Obtained very favorable settlement for plaintiffs after defeating defendants’ challenges to the complaint.

OCM Principal Opportunities Fund, L.P, Pacholder Value Opportunity Fund, LP v. CIBC World Markets Corp., TCW Opportunities Fund

Represented various investment funds against CIBC asserting claims for misrepresentation and intentional nondisclosure as well as violations of securities laws. CIBC was the underwriter on approximately $200 million of high-yield promissory notes issued by Renaissance Cosmetics, Inc. with the sale conducted under SEC Rule 144A. The $52 million jury verdict was upheld on appeal and prejudgment interest awarded.

AUSA Life Ins. Co. v. Citigroup, Inc.

Represented life insurance company and related funds in asserting claims for rescission of bond purchases from initial purchasers and broker dealers who misrepresented the risks of the bonds. Achieved very favorable settlement for plaintiffs after motion practice.

Principal Global Investors v. Citibank, N.A.

Represented bond funds and pension funds in prosecuting claims under the federal securities laws and the Iowa Securities Act against investment banks that promoted, offered for sale, and sold debt securities by means of prospectuses that were inaccurate and misleading. Obtained very favorable settlement for plaintiffs after defeating defendants’ challenges to the complaint.

OCM Opportunities Fund v. Deutsche Banc

Represented investment group against various broker dealers asserting claims for rescissionary relief and damages under the California Securities Act in connection with various securities that were offered for sale and sold on the basis of inaccurate and misleading information.

In re Counsel Corp. Securities Litigation

Represented Bergen Brunswig Corp. (now known as AmerisourceBergen) in unfair competition and securities fraud claims against Counsel Corp. in connection with an acquisition of a drug distribution company. Achieved favorable settlement for client after extensive discovery and motion practice.

The trial attorneys at Mark Anchor Albert and Associates are well-versed in all types of finance, securities, and investment-related claims and lawsuits. We are not only technically proficient in matters of substantive law and complex procedures in both state and federal court, and arbitrations, but have an established record of success at trial, achieving repeated victories in contested proceedings and favorable verdicts for our clients, in cases collectively involving hundreds of millions, even billions, of dollars. When you need attorneys with the intelligence, drive, experience, and track record to achieve winning results for you against the most determined adversaries, you can count on Mark Anchor Albert and Associates to represent you well.