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Our research and testimony frequently result in awards, decisions and orders. See what our experts have been working on.

Displaying 10 out of 11 results

Umstead v National Planning Group - $290,000 Asset Allocation & Concentration Award

In December 2013, an FINRA arbitration panel in Philadelphia, PA ordered National Planning Group to pay Claimants $290,000 including costs and prejudgment interest. Dr. McCann testified that the securities portfolio was poorly diversified and the heavy use of short call options in the portfolio substantially increased the risk beyond what was appropriate for the Claimants.

Lewis v Wells Fargo Advisors $355,000 Asset Allocation & Concentration Award

In December 2013, an FINRA arbitration panel in Philadelphia, PA ordered Wells Fargo Advisors to pay Claimants $355,000 including prejudgment interest. Dr. McCann testified that the securities portfolio was poorly diversified, being concentrated in real-estate and energy related stocks and funds.

Auto City Service v JP Morgan - $2.4 Million Interest Rate Swap Award

In November 2013, a FINRA panel in Detroit, MI ordered JP Morgan to pay the Claimant $2.4 Million in compensatory damages, prejudgment interest, costs and attorneys' fees after a hearing in which Claimant alleged breach of contract and breach of fiduciary duties. Dr. McCann testified on behalf of the Claimant.

Farah v Wedbush Morgan Securities, Inc. - $4.3 Million CMO-related Labor Award

In September 2013, an FINRA arbitration panel in Los Angeles, CA ordered Wedbush to pay a former broker and his attorneys $4.3 Million including $1,334,387 for lost income, $1,439,555.50 in punitive damages, $1,472.005.79 in attorneys' fees, $18,500 in expert witness fees and $21,674.25 in other costs. Wedbush provided lower tranche manufactured housing CMOs to the broker for sale to his clients as good substitutes for bank CDs, suitable for "widows and orphans" back in 2001 and 2002. After losses in these private label CMOs, dozens of clients filed arbitrations against Wedbush. Dr. McCann testified in the underlying customer arbitrations and again in this recent labor case, that the CMO's were highly speculative and not suitable for risk adverse bond investors. He also testified that this failure to make complete and accurate disclosures was a breach of the fiduciary duty owed to brokerage firm customers.

Odessa Fireman's Relief & Retirement Fund v Morgan Keegan - $399,566 (RMA, RHY) Award

In September 2013, a FINRA arbitration panel in Dallas, Texas ordered Morgan Keegan to pay $399,566 in compensatory damages in connection with Morgan Keegan's sale of the RMK Advantage Income Fund (RMA) and RMK Mult-Sector High Income Fund (RHY). Dr. O'Neal testified on behalf of the Claimants.

Berghorst v Citigroup - $2,000,000 MAT, MAT Two, MAT Three and MAT Five Award

In June 2013, a FINRA arbitration panel in Boca Raton, FL ordered Citigroup to pay Claimant $2,000,000 over the sale of Citigroup's MAT, MAT Two, MAT Three and MAT Five leveraged municipal bond hedge funds. The award was made after a hearing wherein the Claimant alleged that Respondent breached contractual and fiduciary duties and misrepresented the hedge fund. Dr. McCann testified on behalf of the Claimant.

Harwich v Pacific Securities - $5,088,395 TIC Award

In June 2013, a FINRA panel in Boston, MA ordered Respondents to pay the Claimant $5,088,395 in compensatory damages, punitive damages, attorneys' fees and costs after a hearing in which Claimant alleged that the TIC sold did not pass a reasonable basis suitability test. Dr. McCann testified on behalf of the Claimant.

Texas PGI v Citigroup - $1,057,067 ARS Award

In May 2013, a FINRA arbitration panel in Dallas, TX ordered Citigroup to pay the Claimant over $1 Million as compensation for losses on student loan auction rate securities. The award was made after a hearing wherein the Claimants alleged that Respondents breached fiduciary duties and misrepresented the ARS. Dr. McCann and testified on behalf of the Claimants.

Asad v ProEquities, Inc. - $588,128 Tenant in Common TIC Award

In May 2013, a FINRA panel in Los Angeles, CA ordered Respondents to pay the Claimant $588,128 in compensatory damages, prejudgment interest and costs after a hearing in which Claimant alleged that the TIC sold did not pass a reasonable basis suitability test. Dr. McCann testified on behalf of the Claimant.

US Airways v Oppenheimer & Co. Inc. - $30 Million ARS Award

In January 2013, a FINRA arbitration panel in New York, NY ordered Oppenheimer to pay US Airways $30 Million as compensation for losses on Camber, Capstan and Pivot credit-linked auction rate securities. The award was made after a hearing wherein the Claimants alleged that Respondents breached fiduciary duties and misrepresented the ARS. Dr. McCann and Mr. Meyer testified on behalf of the Claimants.

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