Our Securities Litigation Attorneys Take On Complex Cases
More than money hangs in the balance in most securities litigation cases. In addition to the financial gains or losses, a party to a securities litigation case may also be concerned about:
- A professional license, such as a stockbroker’s license
- Reputation, because a bad outcome in securities litigation will likely deter future prospects for ongoing buying or selling of securities
James Dodge Russell & Stephens, P.C., in Salt Lake City, has established a name for itself in this area of the law. We represent plaintiffs and defendants in complex, sophisticated cases. Securities litigation often involves multiple parties, complex financial and legal matters. Electronic records may figure into a dispute. Our firm regularly works with computer forensic specialists as well as other experts whose input may prove critical to our clients’ securities litigation matters.
Securities litigation matters we handle have involved:
- Stock fraud
- Investment scams
- Class actions at the state and federal levels on behalf of shareholders
- Shareholder disputes
- Derivative actions
- Disputes between brokers and dealers
- FINRA investigations
- Insider trading
- Defense of companies, officers and underwriters in SEC and Utah Division of Securities investigations
- Fraud
- Misrepresentation of a company’s performance
- Breach of fiduciary duties
If your legal concern related to securities litigation is not listed here, please discuss it with one of our securities litigation attorneys. Our team of lawyers is prepared to handle any securities-related dispute.
Your Securities Litigation Questions, Answered
Each securities fraud case comes with its own set of facts, parties and legal considerations, which means the answers to your questions depend heavily on the details of your situation. That said, there are common questions that come up time and again. Below, we address some of them.
Can I recover losses from a bad investment, or is it just “market risk”?
Not every investment loss leads to a legal claim, but not every loss is simply bad luck either. The key question is whether someone acted wrongfully in connection with your investment. If a broker misrepresented the risks of an investment, pushed you into products that did not fit your financial situation or failed to disclose important information, you may have grounds to recover your losses. On the other hand, losses that result purely from market conditions generally do not support a legal claim.
What do I have to prove to win a securities fraud case?
Securities fraud cases require you to establish several key elements. These include:
- A false statement or omission: Someone made a false statement or left out an important fact about a security in connection with the purchase or sale of that security.
- Materiality: The false statement or omission was significant enough that a reasonable investor would have considered it relevant to the full picture of information available to them.
- Intent: The person who made the false statement did so intentionally or with reckless disregard for the truth.
- Reliance: You actually relied on that false information when you made your investment decision.
- Causation and loss: Your reliance on that false information was the direct cause of your financial loss.
Each of these elements carries weight, and a weakness in any one of them can affect the outcome of a case.
Will I have to testify, and what is the hearing like?
Many securities litigation cases settle before they ever reach a hearing, so there is a good chance you may never have to take the stand. If your case does reach a hearing, expect a structured and strict process. Each side presents evidence, calls witnesses and makes legal arguments. If you testify, you will answer questions from both your own legal team and the opposing side.
Put Experience And Skill On Your Side, Regardless Of Whether You Are A Plaintiff Or Defendant
When our firm represents clients in securities litigation, our legal opponents and their clients soon realize we will take a case as far as it needs to go in pursuit of a fair outcome. Our Utah lawyers are available to review new cases and make recommendations after just one consultation. Call 801-363-6363 or send an email to schedule a consultation with an attorney at James Dodge Russell & Stephens, P.C., in Salt Lake City.