Financial Services Litigation and Arbitration:
Our
broker-dealer litigation and arbitration practice reaches well beyond
the borders of New England, to the Mid-Atlantic, Midwest and often beyond.
Our clients have included broker-dealers, investment advisors, stockbrokers,
issuers of insurance and annuity products, hedge funds, and investors.
If
it relates to an issue in the securities industry, we probably have
seen it: from claims relating to sales practices (including unsuitability,
fraud, misrepresentations and omissions, unauthorized trading, churning,
and failure to supervise) to intra-industry issues (such as enforcement
of promissory notes, Forms U-4 and U-5 reporting, financial privacy
issues, and defamation, state wage act and wrongful termination claims).
Our attorneys appear regularly in courtrooms and FINRA arbitration forums
where we provide focused, cost-efficient advocacy enhanced by our daily
commitment to staying abreast of the issues, arguments and legal claims
which are being pressed across the industry. We also have the skills,
both technical and interpersonal, to make mediation an often viable,
inexpensive, and successful alternative.
Trade
Secret and Unfair Competition Litigation:
Our
attorneys regularly counsel and represent clients across all manner
of industries both with respect to protecting their valuable trade secrets,
and to obtaining redress for misuse, misappropriation and/or other aspects
of unfair competition.
Recruiting/Restrictive
Covenant Litigation:
Belcher,
Starr & Fitzgerald LLP represents a diverse client base in the financial,
clean energy, digital technology, banking, construction, and commercial
real estate industries in matters relating to restrictive covenants
in employment and other business agreements. We are also well versed
in the securities industry’s Protocol for Broker Recruiting, and
have represented both “Protocol” and “non-Protocol”
firms in recruiting matters. We have obtained and defended against preliminary
and permanent injunctions in courts and arbitration proceedings throughout
New England and in diverse states nationwide, and have won significant
monetary damages on behalf of clients.
Commercial
Contract Disputes:
Having
started our careers in large, prominent law firms representing all manner
of Fortune 500 companies and industries, there are very few areas of
commercial contracts we haven’t dealt with in one context or another.
From
obtaining an arbitration award in excess of $140 million on behalf of
an electric utility arising out of the bankruptcy and breach by its
power trading counterparty of a multi-year tolling agreement, to a dispute
between a construction contractor and a leading U.S. insurer over reporting
of workers compensation policy data, to actions for breach of vendor
service agreements, we apply the same rigorous analysis and tenacious
advocacy. That commitment to excellence applies whether our opposing
counsel is a behemoth Wall Street powerhouse, a smaller regional firm,
or a local sole practitioner.
Retail
Bank Payment Systems:
We
regularly represent retail banking clients in claims arising from all
aspects of the customer relationship and daily operations, including
account fraud and branch employee calls. Our considerable knowledge
of the Uniform Commercial Code allows us to proactively advise
our clients in structuring their policies and account relationships
to minimize risk and to quickly evaluate claims to facilitate efficient
resolution.
Christine
R. Fitzgerald, Head of Litigation Practice