Legal Question in Securities Law in California

Is the large brokerage company firing a stock broker for not observing Co. policies responsible for losses he made for his client after he left if client was not notified?

The unemployed broker lost 1.3 million and all the widow had and she had no income for 6 years and 10 months said he was qualified to trade options when he was not approved by the broker/dealer TDA ?


Asked on 12/13/10, 8:25 am

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Regretfully, I cannot answer your question, because I cannot tell whether you are the broker or the widow from your question. I will also need to ask you some more questions to be able to provide you better information. I would be happy to give you a free consultation. Please send me an email, or call my office, as I do not have your contact information. The focus of my law practice is securities litigation and arbitration.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 12/19/10, 10:48 am
Nicholas Guiliano Arbitration, Securities & Investment Fraud Lawyer

The "stockbroker's" former employer is liable for his conduct as a control person under the federal securities laws, i.e. Section 20(a) of the Exchange Act, and employers or principals are always responsible for the wrongful acts of their employees or agents acting within the course and scope of their employment or agency, under the common law doctrine of respondeat superior. Accordingly, the brokerage firm is liable for the old person's option's losses irrespective of whether the broker still works there, or alternatively was hit by a bus.

This person ought to consult with qualified counsel as soon as they are able. Every day that goes by before you engage counsel or you take action on your own carries with it a risk that your position will be irretrievably damaged. For example, claims may be lost by the operation of statutes of limitations, other applicable law, or claims provisions in a contract.

Under the federal securities laws, all such claims must be brought within two (2) years from the date of discovery of any such claim, or five (5) years from the date of the occurrence of the events giving rise to the claim(s), whichever is shorter. Under State law, all claims for common law fraud, breach of fiduciary duty, or other tort claims, must be brought within two (2) years of the date of discovery upon the exercise of reasonable diligence. If you fail to bring your claims within these proscribed times, your claims may be forever lost or time barred.

If we have expressed any preliminary thoughts about your claim, it is important for you to remember that such tentative conclusions would have been subject to change after a more complete review of the facts, including your documents, that we would have made if we had decided to offer to represent you, and may be seriously in error, depending on what a more complete review would have disclosed. Accordingly, you should not rely on them.

You should also note that the determination for the need for legal services and the choice of a lawyer are extremely important decisions that should not be based solely on advertisements or self proclaimed expertise. The limitation or concentration in any area of practice does not mean that a lawyer is a specialist or expert in a field of law, nor does it mean that the lawyer is necessarily any more expert or competent than any other lawyer. No representation is made that the quality of legal services to be performed is greater than the quality of legal services to be performed by other lawyers. No certification as a specialist or certification in any field of practice has been granted or approved by any state or the American Bar Association. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered.

Nicholas J. Guiliano, Esquire

The Guiliano Law Firm, P.C.

230 South Broad Street, Suite 601

Philadelphia, PA 19102

(215) 413-8223 (Telephone)

(215) 413-8225 (Telecopier)

(877) SEC-ATTY

[email protected]

www.securitiesarbitrations.com

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Answered on 12/20/10, 7:57 am


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