Paul F. McCurdy
  Partner, Stamford / New York
   
     
  Practice Areas:
Broker-Dealer
Corporate
Litigation
 
     
 
  News  
  Publications  
  Speaking Engagements  
  Client Advisories  
Phone: (203) 351-8039 Fax: (203) 327-2669
Email: pmccurdy@kelleydrye.com
vCard: 

Alternate Contact Info:
New York
Phone: (212) 808-7864 Fax: (212) 808-7897
 
Paul McCurdy is a partner in the firm's Stamford and New York offices, chair of the Broker-Dealer practice group and a member of the firm's Executive Committee. He focuses his practice on counseling retail, clearing, direct access and specialist brokerage firms and investment advisory firms in regulatory, compliance, litigation and corporate matters.

Mr. McCurdy represents clients in internal investigations; market surveillance and enforcement examinations, proceedings and contested matters; and state registration issues. His specific experience in these areas includes trade disputes, customer complaints, clearing agreements, subordination agreements, USA Patriot Act compliance programs, SEC Rules 15(c)3-1 and 15(c)3-3, and margin issues. He has represented and defended witnesses in regulatory matters in more than 100 on-the-record interviews.

Mr. McCurdy also assists investment advisory firms and hedge funds with fund structure and formation, SEC vs. state registration compliance, performance fees, fee agreements, and Section 28(e) and Form ADV disclosure issues. In addition, he handles high-level executive employment agreements for employees of financial services firms.
 
Representative Experience:
Represented an exchange specialist firm in a Securities and Exchange Commission (SEC) administrative law hearing.

Represented a fully disclosed clearing firm in an arbitration resulting in recovery of 100 percent of claims plus attorneys' fees.

Represented clients in more than 25 reported New York Stock Exchange (NYSE) hearing panel decisions and Financial Institution Regulatory Authority (FINRA) letters of acceptance, waiver and consent (AWCs).

Represented an international broker-dealer in a mutual fund B-share investigation.

Represented former NYSE directors in the New York Attorney General v. Grasso litigation.

Represented numerous broker-dealers in 15(c)3-1, 15(c)3-3 and supervisory investigations.

Represented retail firms in dozens of regulatory investigations and arbitrations.
 
Honors and Awards:
Ranked in the 2008 and 2009 editions of Chambers USA as one of the country's leading practitioners in the broker-dealer area.
 
Memberships and Associations:
Securities Industry and Financial Markets Association (SIFMA), Legal & Compliance Division
 
Community Activities:
Lafayette College Alumni Association, president, 2008-present

Lafayette College Alumni Association, president elect, 2006-2007

Joe Torre Safe-@-Home Foundation, Development Committee, 2003-present

Department of Parks & Recreation, Town of New Canaan, Conn., commissioner, 1999-2005

YMCA, New Canaan, Conn., director, 1997-2003

Stamford Symphony Orchestra, counsel, 1998-1999, director, 1997-1999

YMCA, Stamford, Conn., director, 1992-1995
 
Professional Activities:
Financial Industry Regulatory Authority, arbitrator, chairperson
 
Client Advisories:

"SEC to Ban So Called "Pay to Play" Activities," July 24, 2009.

"Changes to Form U-4 and U-5 and BrokerCheck," June 25, 2009.

"Broker-Dealer Update: FINRA Arbitration Rule Changes Favor Single Arbitrator Hearings and Limit the Availability of Motions to Dismiss," March 09, 2009.

"Cost Basis Reporting," October 22, 2008.

"New York's Highest Court Clarifies U-5 Immunity," April 04, 2007.

"SEC Proposes Rule Regarding the Registration of Certain Hedge Fund Advisers," August 02, 2004.

"SIA Soft Dollar and Institutional Brokerage Conference," July 14, 2004.

"Broker-Dealers Must Report Suspicious Activity," July 15, 2002.

 
Speaking Engagements:
Electronic Brokerage, SIA Legal & Compliance Annual Seminar

Trends in Broker-Dealer Regulation, CT Department of Banking Securities Forum
 
Bar Admissions:
Connecticut, 1985
New York, 1986
 
Courts:
U.S. Supreme Court
U.S. Court of Appeals – Second Circuit
U.S. District Court – Southern and Eastern Districts of New York
U.S. District Court – District of Connecticut
 
Education:
Albany Law School of Union University, J.D., 1985
Lafayette College, A.B., 1982
 
Primary Office Location:
400 Atlantic Street
Stamford, CT 06901
 
Other Office Locations:
101 Park Avenue
New York, NY 10178-0002
 
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