Kelley Drye helps clients achieve their business objectives in the securities industry by guiding them through the ever-shifting landscape and handling their most complex corporate, regulatory enforcement and litigation matters. Kelley Drye operates a standalone broker-dealer practice that adapts to clients’ needs and requirements. The broker-dealer practice team operates from offices in New York, Connecticut, Washington, D.C., New Jersey and Illinois, which allows it to track trends in regulatory agencies’ regional offices and in district courts and to transform this knowledge into actionable legal strategies. A broad range of clients rely on the firm for representation, including brokerage firms, direct access and specialist firms, investment and financial advisors, transfer agents and options execution firms. Kelley Drye represents and guides you in your dealings with examining authorities, through the entire spectrum of regulatory investigations, enforcement proceedings, arbitrations and courtroom challenges. The team also has the experience necessary to provide interpretive advice if you are grappling with a one-of-a-kind legal issue.
Kelley Drye integrates its significant broker-dealer experience with an
array of complementary legal capabilities in such areas as litigation,
labor and employee benefits and executive compensation, white collar
crime and internal investigations, advertising and government
relations. This multidisciplinary approach allows Kelley Drye to
quickly assess a client’s challenges and formulate the most effective
legal strategies to respond.
The firm advances client interests in these ways:
- Litigation and Arbitration - Handling disputes
involving regulatory issues, contract claims, unfair trade practices
and unfair competition claims, franchise disputes, class action
defense, and litigation involving real estate, environmental, products,
bankruptcy, antitrust, employment and intellectual property.
- Labor and Employment
- Counseling clients on strategies for avoiding litigation, defending
lawsuits, and representing them before federal, state and local
agencies. We are currently advising a large financial institution in
legal matters involving traditional labor relations, wage and hour
issues, employment contracts and employment discrimination claims.
- Employee Benefits and Executive Compensation
- Advising clients on various forms of executive compensation,
including accounting treatment and securities laws issues, as well as
employment and severance agreements. The firm advises several brokerage
firms on sponsoring IRAs and prototype retirement plans, and represents
many senior executives and firms on Wall Street in employment
agreements and negotiations.
- Enforcement, White-collar Crime and Internal Investigations
- Representing businesses, securities brokerages and corporate
executives in internal investigations, enforcement proceedings and
other contested matters.
- Advertising -
Guiding clients’ competitive strategies through a combination of
experience: in advertising litigation and National Advertising Division
proceedings; in the area of advertising, promotion marketing, and
privacy law; and at the Federal Trade Commission, the offices of State
Attorneys General and the networks.
- Government Relations and Public Policy
- Helping clients achieve and maintain market leadership through
strategies that encompass multiple forums, using law, economics,
government relations and public relations, as needed. The firm’s
services range from strategic campaigns encompassing public relations
and litigation, to regulatory efforts, to legislative affairs
management and advice on specific initiatives.
- Technology and Licensing - Representing clients in drafting and negotiating technology license and service agreements, stock clearing agreements, direct access agreements and reporting agent transmission agreements. Additionally, the firm regularly represents clients, including brokerage firms, investment advisors and banks, in arrangements involving the outsourcing of their IT functions and business processes to third-party service providers.
Broker-Dealer Practice Group Biographies
Paul McCurdy is the chair of the Broker-Dealer practice group. His practice focuses on counseling firms and individuals in regulatory, compliance, litigation and corporate matters. Paul represents clients in internal investigations, enforcement proceedings and contested matters ranging from clearing and partnership disputes to customer complaints. He has represented and defended witnesses in regulatory matters in more than 100 on-the-record interviews. Paul serves as an arbitrator and chairperson for FINRA and is a guest panelist for The Compliance Reporter. Paul is ranked nationally in the Financial Services – Broker Dealer Regulation arena by Chambers USA: America's Leading Lawyers for Business, 2008-2011.
M. Ridgway Barker counsels securities and investment advisory firms on regulatory and compliance matters as well as on corporate structure, corporate governance and financing matters. He is chair of Kelley Drye’s Corporate Finance and Securities practice group.
Joseph A. Boyle represents broker-dealers and other financial services firms in adversarial proceedings and has substantial first chair and appellate litigation experience. He handles arbitrations, unfair competition litigations, investigations and trials.
Brian J. Calvey represents broker-dealers and specialist firms in connection with mergers and acquisitions transactions, organizational issues, operating agreements, shareholders agreements and on a variety of other corporate issues. He has nearly 30 years of experience in corporate and securities law, advising clients ranging from privately-held entities to Fortune 500 companies. Brian has a broad background in mergers and acquisitions, strategic alliances, corporate finance, corporate governance issues and a wide range of commercial agreements.
Richard S. Chargar counsels banks and brokerage firms on sponsoring IRAs and prototype retirement plans, including the legal and tax implications associated with the operation and administration of such plans. He represents clients on all aspects of executive compensation, including deferred compensation, supplemental executive retirement plans, equity-based compensation, and employment and severance agreements. Richard advises clients on design implementation and administration of qualified retirement plans and welfare plans and on fiduciary and plan asset issues. He also advises on the employee benefits aspects of mergers and acquisitions. Richard is co-chair of Kelley Drye’s Employee Benefits and Executive Compensation practice group.
Timothy R. Lavender represents investment advisors and money managers in all aspects of their business, including applicable SEC and state registration issues, regulatory compliance, anti-money laundering, fee structures, customer accounts, advertising and solicitation issues. He represents a number of private investment, hedge and private equity funds in their formation, operation and exemption from registration. Tim has extensive experience representing broker-dealers and their related companies in their general corporate needs, as well as mergers and acquisitions.
James E. Nealon focuses his practice on commercial litigation, including representing financial institutions and broker-dealers in the securities industry in employment matters, customer disputes, regulatory investigations and enforcement proceedings. He has served as first chair litigation counsel for many firm clients.
Jean Y. Park represents employers in the financial services and banking industries in all aspects of employment law issues. Jean provides training to employees of broker-dealers on compliance with anti-harassment and discrimination policies, and regularly represents employers in workplace investigations.
Jay R. Schifferli advises investment advisors regarding all aspects of their business, including SEC and state registration issues, regulatory compliance, anti-money laundering, fee structures, customer accounts, advertising and solicitation issues. Jay also advises money managers and investors regarding alternative investment vehicles, including hedge funds, private equity funds and separate managed accounts. In addition, he has extensive experience advising broker-dealers with respect to commercial contracts, as well as mergers and acquisitions.
Julian Solotorovsky represents NYSE specialists, broker-dealers and corporate executives in internal investigations, grand jury investigations, enforcement proceedings and other contested matters. He is a veteran of over 40 jury trials. Julian is chair of Kelley Drye’s White Collar Crime and Investigations practice group. Prior to joining the firm, Julian was an Assistant United States Attorney in the Northern District of Illinois and was Deputy Chief of the Special Prosecutors Division.
Merrill B. Stone focuses on corporate and securities law, and he has spent more than 30 years representing banks, transfer agents, financial institutions and other entities in transactional, licensing and regulatory matters. He regularly represents several foreign trust companies in connection with matters relating to U.S. transfer agent and broker-dealer activities. He also advises transfer agents on securities law and compliance matters. Merrill is chair of Kelley Drye’s Financial Institutions practice group.
Evan Barnes focuses on broker-dealer regulation and provides counseling regarding real-time trading issues. He has experience as a manager at several major investment banks and as a compliance officer handling sales and trading and floor brokerage-related issues. He joined the firm from Morgan Stanley & Co. Incorporated, where he managed the group responsible for responding to regulatory inquiries. Prior to this, Evan managed the regulatory inquires group at Banc of America Securities LLC and was a vice president in Citigroup Global Markets’ compliance department, where he handled institutional sales and trading and floor related issues. Evan also has several years of experience with the Enforcement Division of the NYSE.
James M. Moriarty advises and represents broker-dealers in trading disputes, clearing firm responsibility issues, personnel-related matters, including raiding cases, and other litigation and arbitration matters. Jim has extensive first chair trial and arbitration experience on a wide range of cases for our broker-dealer clients.
Myra Mormile focuses on complex commercial litigation, securities enforcement and litigation, and white-collar crime and investigations. In connection with her securities and white collar crime practices, Myra represents shareholders, officers, registered representatives, investment advisers, broker-dealers, and other corporate entities in a wide variety of proceedings in state and federal courts, arbitration, before government agencies, and before self-regulatory organizations, such as the Financial Industry Regulatory Authority (FINRA).
Deepak Nambiar focuses on corporate law, mergers and acquisitions and technology licensing transactions. He routinely counsels clients in drafting and negotiating technology license and outsourcing agreements, stock clearing agreements, direct access agreements, and reporting agent transmission agreements.
Paul McCurdy is the chair of the Broker-Dealer practice group. His practice focuses on counseling firms and individuals in regulatory, compliance, litigation and corporate matters. Paul represents clients in internal investigations, enforcement proceedings and contested matters ranging from clearing and partnership disputes to customer complaints. He has represented and defended witnesses in regulatory matters in more than 100 on-the-record interviews. Paul serves as an arbitrator and chairperson for FINRA and is a guest panelist for The Compliance Reporter. Paul is ranked nationally in the Financial Services – Broker Dealer Regulation arena by Chambers USA: America's Leading Lawyers for Business, 2008-2011.
M. Ridgway Barker counsels securities and investment advisory firms on regulatory and compliance matters as well as on corporate structure, corporate governance and financing matters. He is chair of Kelley Drye’s Corporate Finance and Securities practice group.
Joseph A. Boyle represents broker-dealers and other financial services firms in adversarial proceedings and has substantial first chair and appellate litigation experience. He handles arbitrations, unfair competition litigations, investigations and trials.
Brian J. Calvey represents broker-dealers and specialist firms in connection with mergers and acquisitions transactions, organizational issues, operating agreements, shareholders agreements and on a variety of other corporate issues. He has nearly 30 years of experience in corporate and securities law, advising clients ranging from privately-held entities to Fortune 500 companies. Brian has a broad background in mergers and acquisitions, strategic alliances, corporate finance, corporate governance issues and a wide range of commercial agreements.
Richard S. Chargar counsels banks and brokerage firms on sponsoring IRAs and prototype retirement plans, including the legal and tax implications associated with the operation and administration of such plans. He represents clients on all aspects of executive compensation, including deferred compensation, supplemental executive retirement plans, equity-based compensation, and employment and severance agreements. Richard advises clients on design implementation and administration of qualified retirement plans and welfare plans and on fiduciary and plan asset issues. He also advises on the employee benefits aspects of mergers and acquisitions. Richard is co-chair of Kelley Drye’s Employee Benefits and Executive Compensation practice group.
Timothy R. Lavender represents investment advisors and money managers in all aspects of their business, including applicable SEC and state registration issues, regulatory compliance, anti-money laundering, fee structures, customer accounts, advertising and solicitation issues. He represents a number of private investment, hedge and private equity funds in their formation, operation and exemption from registration. Tim has extensive experience representing broker-dealers and their related companies in their general corporate needs, as well as mergers and acquisitions.
James E. Nealon focuses his practice on commercial litigation, including representing financial institutions and broker-dealers in the securities industry in employment matters, customer disputes, regulatory investigations and enforcement proceedings. He has served as first chair litigation counsel for many firm clients.
Jean Y. Park represents employers in the financial services and banking industries in all aspects of employment law issues. Jean provides training to employees of broker-dealers on compliance with anti-harassment and discrimination policies, and regularly represents employers in workplace investigations.
Jay R. Schifferli advises investment advisors regarding all aspects of their business, including SEC and state registration issues, regulatory compliance, anti-money laundering, fee structures, customer accounts, advertising and solicitation issues. Jay also advises money managers and investors regarding alternative investment vehicles, including hedge funds, private equity funds and separate managed accounts. In addition, he has extensive experience advising broker-dealers with respect to commercial contracts, as well as mergers and acquisitions.
Julian Solotorovsky represents NYSE specialists, broker-dealers and corporate executives in internal investigations, grand jury investigations, enforcement proceedings and other contested matters. He is a veteran of over 40 jury trials. Julian is chair of Kelley Drye’s White Collar Crime and Investigations practice group. Prior to joining the firm, Julian was an Assistant United States Attorney in the Northern District of Illinois and was Deputy Chief of the Special Prosecutors Division.
Merrill B. Stone focuses on corporate and securities law, and he has spent more than 30 years representing banks, transfer agents, financial institutions and other entities in transactional, licensing and regulatory matters. He regularly represents several foreign trust companies in connection with matters relating to U.S. transfer agent and broker-dealer activities. He also advises transfer agents on securities law and compliance matters. Merrill is chair of Kelley Drye’s Financial Institutions practice group.
Evan Barnes focuses on broker-dealer regulation and provides counseling regarding real-time trading issues. He has experience as a manager at several major investment banks and as a compliance officer handling sales and trading and floor brokerage-related issues. He joined the firm from Morgan Stanley & Co. Incorporated, where he managed the group responsible for responding to regulatory inquiries. Prior to this, Evan managed the regulatory inquires group at Banc of America Securities LLC and was a vice president in Citigroup Global Markets’ compliance department, where he handled institutional sales and trading and floor related issues. Evan also has several years of experience with the Enforcement Division of the NYSE.
James M. Moriarty advises and represents broker-dealers in trading disputes, clearing firm responsibility issues, personnel-related matters, including raiding cases, and other litigation and arbitration matters. Jim has extensive first chair trial and arbitration experience on a wide range of cases for our broker-dealer clients.
Myra Mormile focuses on complex commercial litigation, securities enforcement and litigation, and white-collar crime and investigations. In connection with her securities and white collar crime practices, Myra represents shareholders, officers, registered representatives, investment advisers, broker-dealers, and other corporate entities in a wide variety of proceedings in state and federal courts, arbitration, before government agencies, and before self-regulatory organizations, such as the Financial Industry Regulatory Authority (FINRA).
Deepak Nambiar focuses on corporate law, mergers and acquisitions and technology licensing transactions. He routinely counsels clients in drafting and negotiating technology license and outsourcing agreements, stock clearing agreements, direct access agreements, and reporting agent transmission agreements.
