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

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Lackey v Casimir Capital and James Ahern - $94,500 Churning Award

In December 2007, a FINRA arbitration panel in Dallas, TX ordered Casimir Capital and James Ahern to pay $94,500 including expenses and attorneys' fees after a hearing wherein the Claimants alleged Respondents churned the Claimants' accounts. Dr. McCann testified to the egregiousness of the churning on behalf of the Claimants.

Riley v Associated Securities - $605,000 Asset Allocation Award

In November 2007, a FINRA arbitration panel in Reno, NV ordered Associated Securities and Patricia Meidell to pay $605,000 in damages and interest after a hearing wherein the Claimants alleged Respondents breached contractual and fiduciary duties and failed to suitably diversify Claimant's account. Dr. McCann testified on behalf of the Claimant.

McKinney v Merrill Lynch - $3.321 Million Concentration & Variable Prepaid Forward Award

In October 2007, a FINRA arbitration panel in Indianapolis, IN ordered Merrill Lynch to pay $3.321 Million to a Claimant. Claimant alleged that Merrill Lynch recommended that she purchase investments on margin despite holding a concentrated single-stock position and that Merrill Lynch engaged in self-dealing by causing her to enter into a complex, costly and unsuitable liquidity contract (variable prepaid forward). Dr. McCann testified on behalf of the Claimant.

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Piscevich et al v Associated Securities - $450,000 Asset Allocation Award

In July 2007, an NASD arbitration panel in Reno, NV ordered Associated Securities and Patricia Meidell to pay $460,000 in damages after a hearing wherein the Claimants alleged Respondents breached contractual and fiduciary duties and failed to suitably diversify Claimants' account. Dr. McCann testified on behalf of the Claimants.

Rayburn et al v HSBC Securities - $775,000 Structured Products Award

In May 2007, an NASD arbitration panel in Los Angeles, CA ordered HSBC Securities to pay $775,000 in damages after a hearing wherein the Claimants alleged Respondents misrepresented features and omitted material facts in the sale of structured "snowball" notes to Claimants. Dr. McCann testified on behalf of the Claimants.

Schunmann v Donald Sowa - Misrepresentation $314,000 Award

In April 2007 an NASD Arbitration panel in Hartford, CT ordered Donald Sowa, an RIA, to pay Mr. and Mrs. Schunmann compensatory damages of $314,000. Dr. O'Neal testified that the RIA misrepresented and completely misunderstood the risk of the Schunmann's portfolio.

Almquist et al v Merrill Lynch - $1.5 Million Award

In February 2007, an NASD arbitration panel in Seattle, WA ordered Merrill Lynch to pay $1.5 Million to a couple after a hearing wherein the Claimants alleged Merrill Lynch breached contractual and fiduciary duties and failed to make suitable recommendations to diversify their account.

Nolan v Merrill Lynch - $1.775 Million Concentration Award

In October 2006, an NASD arbitration panel in San Francisco, CA ordered Merrill Lynch to pay $1.775 Million to a Claimant. Claimant alleged that Merrill Lynch failed to provide suitable recommendations for hedging or diversifying a concentrated Dell stock position during and after a lockup period. Dr. McCann testified on behalf of the Claimants.

Cherry et al v Raymond James Annuity - $577,000 Award

In October 2006, an NASD arbitration panel in Birmingham, AL ordered Raymond James to pay seven Claimants $577,000 in out of pocket losses plus attorneys' fees, expert witness fees and interest over the sale of annuities into IRA rollovers.

Bouse et al v Wedbush Morgan Securities, Inc. - $3.8 Million CMO Award

In May 2006, an NASD arbitration panel in Los Angeles, CA ordered Wedbush to pay 22 clients of its Newport Beach branch and their attorneys $3.8 Million. Wedbush sold Claimants lower tranche manufactured housing CMOs as good substitutes for bank CDs, suitable for "widows and orphans." Dr. McCann testified 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.

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