FAQS: Frequently Asked Questions of Shepherd Smith Edwards & Kantas LTD LLP Law Firm

Our law firm has a team of attorneys and others who represent investors in claims for losses caused by negligence and other wrongdoing by investment firms and their representatives.  We at the Shepherd Smith Edwards & Kantas LTD LLP law firm are also dedicated to informing the public about the securities industry, various types of investments and actions investors can consider if they have lost money or simply feel that "something is wrong" with the manner that their accounts were handled.

FAQ's: 

WHEN ARE BROKERS, ADVISORS OR FIRMS LIABLE FOR LOSSES?

When stockbrokers, other investment advisors or their firms act improperly when handling investors' accounts, orders or funds they can be held liable for resulting losses.  Federal and most state's laws prohibit securities fraud.  But an investor can also seek claims for other wrongful actions, including breach of promise or contract, breach of fiduciary duty, breach of the duty of good faith and fair dealing, negligence or even incompetence.  For more information click here.

CAN I SUE MY INVESTMENT FIRM OR BROKER?

When accounts are opened at investment firms, documents which contain agreements to arbitrate disputes are almost always signed.  The U.S. Supreme Court decided 20 years ago that such agreements were enforceable and courts have since denied virtualy every effort by investors to avoid arbitration.  Thus, over 99% of investors can not sue their broker or investment firm but can file claims in securities arbitration.

DOES THAT MEAN I COULD LATER TO COURT LATER OR APPEAL?

Unlike "mediation" (a process to attempt to settle disputes), "arbitration" replaces  court triasl.  But unlike court trials, decisions made in securities arbitration are final and there is no appeal.  The only hope of undoing a bad outcome in arbitration is to go to court and attempt to prove the arbitration process was fatally flawed.  Those who try to "vacate" arbitration awards almost always fail. 

      


Contact Us
Free Consultation: (800) 259-9010