Investment Claims

Overview of the Committee’s Focus:

Malpractice claims involving financial planners, investment advisors, trustees, stockbrokers, wealth managers and other retirement asset counselors are a specialty of claim handlers and defense counsel working in this field.

Factual allegations made by claimant counsel offered in support of the claims may include criticisms of:

  • Investment Suitability
  • Conflicts of Interest Recognition
  • Portfolio Churning or Unauthorized Trading
  • Trade Request Execution
  • Portfolio Allocation Oversight
  • Due Diligence Adequacy
  • Nondisclosure of Facts or Advice of Risks
  • Tax Advice Propriety
  • High Commission Product Preferences
  • Diversification Management

Common law, statutory and regulatory principles that may or may not affect these claims and the current state of the defense art are the special focus of the Professional Liability Defense Federation’s™ Investment Claims Committee. Keeping members informed of federal and state securities regulatory developments affecting investment sellers and managers, e-discovery abuse controls, other investment client privacy protection controls, class action controls, intelligence involving plaintiff expert witnesses, and trial presentation approaches to simplify statistical and financial data are among the charges of this PLDF committee.

Committee members are asked to contribute to article publication, to monitor the PLDF news and respond to member inquiries for assistance, and to assist in annual meeting seminar presentation planning.