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Lawrence Kamin Wins $1 Million NFA Arbitration

  Authors: John Monical and Theodore Harman  Lawrence Kamin successfully defended an individual employee (“Employee”) against a $1 million arbitration by a Futures commissions merchant (“FCM”).  The FCM claimed that the Employee, an employee of an introducing broker (“IB”), should be personally liable for placing losing trades in the account of the IB’s owner. Read […]

President Trump Issues Four Executive “Actions”: Payroll Tax, Student Loans, Unemployment and Evictions

On August 8, 2020, President Trump took the unusual—and highly controversial—unilateral executive action route to provide limited economic relief to U.S. citizens without the approval of Congress. His actions were in the form of three executive memoranda and one executive order, which are summarized herein.

“Leading Lawyers” Lists Lawrence Kamin Attorneys for 2019

Four Lawrence Kamin attorneys have been named as 2019 “Leading Lawyers” and join a distinguished group that is comprised of less than five percent of all lawyers licensed to practice in Illinois. We congratulate our esteemed colleagues who have been nominated by their peers as top lawyers within their respective areas of law.

FINRA Warns Firms Not to Lie or “Obfuscate” When Clients Ask About a Departed Rep

When a registered representative (“Rep”) with a large book of customers voluntarily resigns from one firm to join another, the Rep’s old firm immediately assigns a replacement. Excited about the potential to keep the book, the replacement Rep frequently races to contact the customers and secure their business. And when some of those customers…

Supreme Court Holds Annuities Are Not “Securities” Subject to Illinois Securities Department Regulation

On March 21, 2019, the Illinois Supreme Court issued its long-anticipated decision in Van Dyke v. White, 2019 IL 121452. The 30-page opinion affirms the 2016 Appellate Court decision, which had overturned a Final Administrative Order from the Illinois Department of Securities…

Illinois Distributor’s Statute: Navigating the Litigation “Off Ramp” for Non-Manufacturer Defendants After Cassidy v. China Vitamins LLC

In Cassidy v. China Vitamins LLC, 2017 IL App (1st) 160933 (“China Vitamins”), the First District Appellate Court made it a lot harder for non-manufacturers to free themselves from litigation through the Illinois Distributor’s statute (sometimes referred to as the “innocent seller’s statute” or “seller’s exception”). Under China Vitamins’ new interpretation of the…

Equity Indexed and Variable Annuities: What are the Limitations of a State Securities Regulator’s Authority Over Their Sales Practices? (The ABA Blue Sky Bugle Newsletter, March 2018)

Two Illinois cases, Van Dyke v. Jesse White, 2016 IL App (4th) 141109 (currently pending before the Illinois Supreme Court as Docket No. 121452) and Thrivent Investment Management v. Illinois Securities Department, Circuit Court of Cook County Case No. 2016-CH-16406 (currently pending before the First District Appellate…

Outside Business Activity*, Practical Compliance and Risk Management for the Securities Industry

The Financial Industry Regulatory Authority (“FINRA”)1 has adopted and proposed important changes to the current regulatory scheme and obligations relating to notice and supervision of outside business activities and private securities transactions. For a number of years, the National Association of Securities Dealers, Inc. (“NASD”) rules 3030, 3040 and 3050 were the principal…

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† Select attorneys have received this recognition