Securities

JORDEN BURT's Securities Industry Group is an integral part of the Firm's core legal practice, which focuses on the representation of diversified financial services organizations. Lawyers in the Firm's Securities Group have experience with diverse and complex regulatory and enforcement issues in the securities markets, allowing the Firm to provide legal counseling on every aspect of the financial products industry. JORDEN BURT's litigators routinely defend prominent financial institutions in a wide variety of civil and enforcement matters throughout the United States, including class action litigation, fraud and punitive damage lawsuits, and other high risk litigation involving the distribution of financial products and services. The Securities Group is dedicated to servicing all the legal needs of financial services firms and other market professionals nationwide.

Our Services

Counseling and Compliance

JORDEN BURT's business and regulatory lawyers have experience with every aspect of the securities industry and are intimately familiar with the business practices and objectives of market professionals. The Firm's securities lawyers, which include former officials of the SEC, bring to the table years of experience in securities law and regulatory and compliance issues. Because of its focus on the financial services industry, JORDEN BURT is able to counsel those offering financial products as part of their portfolio of products and services on the most complex and challenging issues facing the industry today.

JORDEN BURT provides ongoing regulatory, compliance, and transactional legal services related to all aspects of the financial services industry. The Firm is experienced in the formation of broker-dealers and other financial services groups and has guided clients through every phase of the formation and regulatory approval process, including entity formation, application process, securing FINRA approval, handling interviews, supervisory procedures, and preparing all necessary documentation. JORDEN BURT also provides a full service regulatory and compliance counseling practice relating to supervision and supervisory procedures, books and recordkeeping, CRD reporting, cash and non-cash compensation rules, correspondence and e-business issues, privacy rules, OFAC compliance and regulation, currency transaction reporting requirements, order handling, marketing, sales, advertising and sales literature, suitability, trading rules, hot-issue rules, net capital, customer reserve requirements, and fidelity bonds.

JORDEN BURT's services to the securities industry also involve a broad range of matters arising from the Dodd-Frank Wall Street Reform and Consumer Protection Act. Such Dodd-Frank matters include the SEC's new whistleblower procedures, the harmonization of the regulation of broker-dealers and investment advisers, the Volcker Rule, the new regulatory scheme for swaps and security-based swaps, the regulation of systemically risky non-bank financial companies, and executive compensation matters.

JORDEN BURT also routinely assists financial services organizations in evaluating anti-money laundering compliance (AML) issues and counsels on the design and implementation of AML compliance programs and procedures. The Firm advises clients on their responsibilities related to customer identification, suspicious activity monitoring and reporting, currency transaction reporting, and recordkeeping. The Firm has counseled numerous clients with respect to delegation of AML compliance responsibilities and prepared related agreements.

Litigation

JORDEN BURT's litigators handle securities and corporate governance litigation throughout the country, from regulatory inquiries and pre-complaint investigations, to litigating claims of federal securities fraud. The Firm routinely defends financial services organizations, including their officers and directors, against class action litigation, shareholder derivative actions, proxy suits, appraisal actions, suits arising out of failed securities offerings, and other complex litigation across the country involving claims asserted under the Securities Act of 1933, Securities Exchange Act of 1934, and the Investment Company Act of 1940.

JORDEN BURT also has experience representing and guiding corporate defendants, broker-dealers, and other market professionals through internal investigations, inquiries, and proceedings initiated by the SEC. The Firm handles all phases of SEC inquiries and investigations from responding to Wells notices to defending against enforcement actions related to issues such as market manipulation, insider trading, and claims of other financial fraud.

The Firm routinely represents registered broker-dealers, investment advisors, and other professionals in regulatory proceedings and arbitrations involving FINRA, and provides experienced representation designed to limit the financial, reputational, and licensing exposure.