“Demian led me through a challenging arbitration that necessitated all of his tact and guile. In facing a very difficult claimant he navigated the proceedings with professionalism and confidence. Demian's calmness made a very stressful situation easier to deal with. I believe in Demian and highly recommend him.” - AM
Securities Litigation and Arbitration
- Complex High-Exposure Litigation: Successfully defended sales practice arbitration claim alleging violations of the Virginia Securities Act and seeking $2,300,000 in damages related to a high-net-worth client's private equity and hedge fund investments. After a six-day hearing, the FINRA arbitration panel in Richmond, VA, denied Claimant's claims in their entirety and imposed $30,000 in sanctions on Claimant (FINRA Case No. 18-01147).
- Elder Financial Exploitation: Successfully defended sales practice arbitration claim involving a senior investor and registered representative exploited by a family member. After a six-day hearing in Manhattan, the arbitration panel denied Claimant's $910,492 claim in its entirety (FINRA Case No. 15-00294). The award was upheld by the S.D.N.Y. (16-CV-8321), affirmed by the 2nd Circuit (17-CV-1819), and a writ of certiorari was denied by the U.S. Supreme Court (18M40).
- Fraud and Breach of Fiduciary Duty: Successfully defended breach of fiduciary duty and fraud claims seeking $3,600,000 in damages on behalf of corporations and a foundation owned by a former high-net-worth client. After four days of trial in Boca Raton, the arbitration panel dismissed the claim and ordered the former client to pay $14,492.23 in sanctions (FINRA Case No. 08-00501).
- Suitability and Fraud: Successfully defended suitability and fraud claims seeking $471,502 to $635,000 in damages. After a three-day hearing, the FINRA arbitration panel in Philadelphia, PA, denied Claimant's claims in their entirety (FINRA Case No. 12-0411).
Intra-Industry Disputes and Expungement
- Securities Intra-Industry Disputes: Successfully pursued numerous breach-of-contract claims against former Wells Fargo financial advisors and branch managers, recovering substantial damages and attorney fees for the firm.
- Expungement: Achieved numerous expungements on behalf of financial advisors nationwide, including a case where a medical transcription company's $200,000 fraud and breach of fiduciary duty claim against Wells Fargo Advisors was dismissed, and expungement was granted for the involved financial advisor (FINRA Case No. 14-02749).
Virtual Hearings and Innovative Dispute Resolution
- Virtual Hearings: In July 2020, served as first-chair trial counsel for Wells Fargo Advisors in one of the first virtual "Zoom" FINRA sales practice arbitrations tried to conclusion during the COVID-19 pandemic. Successfully pivoted mid-trial from traditional in-person procedures to novel virtual hearing procedures, educating arbitrators, opposing counsel, and witnesses on best practices for using Zoom technology (FINRA Case No. 18-03398).
Employment and Regulatory Matters
- Labor and Employment: Successfully resolved a Fair Labor Standards Act lawsuit against a North Carolina-based manufacturing client, working closely with CEO and HR leadership to develop a case management strategy that achieved an early settlement, minimized legal costs, and eliminated litigation, regulatory, and reputational risks.
- Regulatory and Enforcement: Represented a theater company and its board of directors in parallel EEOC and NC DOL investigations involving alleged gender discrimination and retaliation claims. After submitting position statements and defending witness interviews, both agencies closed their investigations with no further action against the clients.