Broker-Dealer
Broker-Dealer
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.
 
 

Overview

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.
Partner
Email (203) 351-8039(203) 351-8039
Paul McCurdy chairs the firm’s Broker-Dealer practice group.  Paul represents retail, clearing and direct access broker-dealers, investment banking and advisory firms in regulatory, enf...
Partner
Email (973) 503-5920(973) 503-5920
Joseph Boyle focuses his practice on class actions and commercial litigation.  His experience includes various areas of consumer class action litigation and litigation involving telecommunica...
Partner
Email (203) 351-8070(203) 351-8070
Brian Calvey is a partner in the firm's Stamford office. He focuses his practice on corporate finance, securities (1933 Act and 1934 Act issues), mergers and acquisitions, joint ventures and s...
Partner
Email (203) 351-8028(203) 351-8028
Richard Chargar chairs the firm’s Employee Benefits and Executive Compensation group.  He advises public and private companies, institutions and other organizations, senior executives a...
Partner
Email (312) 857-2630(312) 857-2630
Timothy Lavender serves as chair of the firm’s Corporate practice.  With three decades of global transactional experience, Tim is a deal maker and is regarded as a trusted advisor in me...
Partner
Email (212) 808-7982(212) 808-7982
Deepak Nambiar is a partner in the firm's New York office.  He focuses his practice on a wide range of corporate and general commercial matters, with special emphasis on technology licens...
Partner
Email (312) 857-7083(312) 857-7083
Julian Solotorovsky chairs the firm’s White Collar Crime and Investigations practice group.  His practice is focused on litigation, including white collar crime, internal investigations...
Partner
Email (203) 351-8018(203) 351-8018
Merrill Stone’s corporate practice includes finance and securities law, banking, shareholder services and mergers and acquisitions.  Merrill represents banks, financial institutions, pr...
Senior Associate
Email (203) 351-8141(203) 351-8141
Wendy Clarke is a senior associate in the firm’s Stamford office, where she focuses her practice on corporate, finance and securities law. Wendy represents private equity funds, global indus...

Publications

February/March 2015 | Articles
Practical Law The Journal: Litigation
February/March 2015 | Articles
Practical Law The Journal: Transactions & Business

Contact Information

Paul McCurdy
Practice Chair
(203) 351-8039
pmccurdy@kelleydrye.com

News

July 1, 2014 | Diversity, Press Release