Kelley Drye helps our clients in the securities industry achieve their business objectives. Attorneys in our Broker-Dealer practice group guide our clients through the ever-shifting landscape, navigating the most complex corporate, regulatory, enforcement and litigation matters.
Our attorneys work across all major market sectors, including retail and investment banks, asset managers and online trading platforms, as well as industry regulators. Our clients include full-service national and international brokerage firms, electronic platform broker-dealers, research boutiques, investment advisors, transfer agents, private equity firms, hedge funds, foreign investors, options execution firms and direct access firms. We bring a comprehensive market view to our clients’ objectives and goals.
As fintech continues to disrupt financial services, our attorneys are focused on assisting our clients evolve and adapt to rapidly advancing strategies and technologies. Clients rely on us to help them adapt to the fintech revolution.
Our Broker-Dealer practice includes attorneys based in New York, Connecticut, Chicago, Washington, D.C., Los Angeles, Houston and New Jersey, a nationwide multidiscipline footprint that allows us to monitor and track trends in regulatory agencies’ regional offices and district courts to transform this knowledge and experience into legal strategies.
We counsel clients dealing with examinations, regulatory investigations, internal investigations, market surveillance and enforcement proceedings, contested matters, state registration issues, arbitrations and courtroom challenges. Our specific experience in these areas includes trade disputes, customer complaints, clearing agreements, subordination agreements, USA Patriot Act compliance programs, SEC Rules 15c3-1 and 15c3-3, and margin and credit issues. We also regularly counsel and litigate on employment issues in the industry.
Clients rely on Kelley Drye for:
- Fund Structure, Formation and Registration–We assist investment advisory firms and hedge funds with fund structure and formation, SEC and state registration compliance, performance fees, fee agreements, and Section 28(e) and Form ADV disclosure issues.
- Litigation and Arbitration–We represent clients in disputes involving regulatory issues, contract claims, unfair trade practices and unfair competition claims, raiding claims, franchise disputes, class action defense, and litigation involving real estate, environmental, products, bankruptcy, antitrust, employment and intellectual property.
- Regulatory and Compliance–We counsel clients on all aspects of SEC and FINRA compliance, including registration, development and application of internal compliance and supervisory procedures, obtaining approvals for structural and organizational changes, and sales practices.
- Labor and Employment–We help clients on strategies for avoiding litigation, defending lawsuits and representing them before federal, state and local agencies.
- Employee Benefits and Executive Compensation–We counsel clients on various forms of executive compensation, including accounting treatment and securities laws issues, as well as employment and severance agreements; advise brokerage firms on sponsoring IRAs and prototype retirement plans; and represent many senior executives and firms on Wall Street in employment agreements and negotiations.
- Enforcement, White-collar Crime and Internal Investigations–Our attorneys represent businesses, securities brokerages and corporate executives in internal investigations, enforcement proceedings and other contested matters.
- Advertising–We help guide our clients’ competitive strategies, including solicitation and advertising.
- Government Relations and Public Policy–We help clients achieve and maintain market leadership through strategies that encompass multiple forums, using law, economics, government relations and public relations—including strategic campaigns encompassing public relations and litigation—regulatory efforts, legislative affairs management and advice on specific initiatives.
- Technology and Licensing–We represent clients in drafting and negotiating technology license and service agreements, stock clearing agreements, direct access agreements and reporting agent transmission agreements, and in arrangements involving the outsourcing of their IT functions and business processes to third-party service providers.