Nicholas J. Guiliano has more than three decades of experience representing investors in securities related claims, and over that period of time, has represented more than 1,000 customers in claims against securities broker-dealers, or brokerage firms predominately in arbitration before the Financial Industry Regulatory Authority (“FINRA”) Dispute Resolution, Inc., The National Association of Securities Dealers (“NASD”) Dispute Resolution, and the New York Stock Exchange (“NYSE”) Department of Arbitration.
Mr. Guiliano has represented various investors from almost every state in America, and from several foreign countries, in claims against brokerage firms, stockbrokers, financial advisors and other investment professionals for wrongful conduct, including fraud, the sale of unregistered securities, churning, unauthorized trading, breach of fiduciary duty and self-dealing, unsuitable investment recommendations, the failure to conduct due diligence, stockbroker theft, and the failure to supervise, and also has substantial experience in the litigation of claims relating the sale of defective investment products, such as alternative investments, structured products, non-traditional Exchange Traded Funds, Hedge Funds, High Yield Bond Funds, Ponzi Schemes, and Real Estate Investment Trusts. A list of some of his more recent, “representative cases,” on behalf of investors can be found here. (See Important Disclaimer).
Mr. Guiliano attended the Admiral Farragut Naval Academy, is a graduate of the Peddie School, and has a degree in Economics, with honors, from Tulane University. Mr. Guiliano studied Public International Law at the Harvard Law School, and is a graduate of the Temple University Beasley School of Law, also with honors, where he was an executive member, and competed nationally, on behalf of the school’s winning Moot Court Honor Society. He was the first place winner in the I. Herman Stern Moot Court Competition, and was a Quarter Finalist in the National Moot Court competition. Mr. Guiliano also won “Best Brief” in the United States National Corporate Law Moot Court Competition in Delaware, and is also the author of “The Sudden and Accidental Exception to the Pollution Exclusion Solution,” 13 Temple Environmental Law & Technology Journal 401.
Prior to founding The Guiliano Law Group, Mr. Guiliano was associated with the law firm of Berger & Montague, P.C. where his practice was primarily focused on the litigation of higher profile securities class actions across the country, and the law firm of Barrack Rodos & Bacine, where he also obtained substantial experience in connection with the litigation of securities class actions, antitrust class actions, and other complex litigation.
Mr. Guiliano is a member of the Public Investors Advocate Bar Association (“PIABA”), and also serves on the Board of Directors of the Public Investors Advocate Bar Association Foundation. Mr. Guiliano has been a frequent speaker or presenter at national securities law and arbitration law seminars on a variety of law related topics and developments, and has been a frequent guest lecturer at various law schools on the topic of securities arbitration and enforcement.
Mr. Guiliano is also a contributor, or has appeared in Forbes Magazine, CNN, CNBC, and National Public Radio, and is frequently quoted in the national and local media as a leading authority on investment fraud and securities law.
NOTABLE CASES
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- Successfully represented foreign investor against US broker-dealer before FINRA Arbitration, the United States District Court for the Southern District of New York, and the United States Second Circuit Court of Appeals as to the Federal Arbitration Act, FINRA jurisdiction and control person liability under the federal securities laws.
- Multimillion dollar recover on behalf of a group of investors against national “independent” broker dealer in connection with the sale of Ponzi scheme from branch office by unregistered control person.
- Recovered damages against discount broker for unauthorized discretionary trading of high risk options and other securities customer accounts by its registered representative.
- Consolidated before the United States Judicial Panel on Multi District Litigation, and successfully defeated series of injunctions by national brokerage firm seeking to bar nine investors, in five jurisdictions, from pursuing claims as customers against before FINRA.
- Successfully represented a group of investors in an $8.7 million action against national brokerage firm for the failure to supervise the outside business activities of its registered representative.
- Recovered damages on behalf of large investor in $20 million claim against broker-dealer for front running, excessive activity, and fraud in connection with the sale of listed securities as principal.
- Successfully represented foreign investor action against national broker dealer in connection the underwriting and sale of the preferred securities of financial institutions, collateralized mortgage obligations.
- Recovered damages against the affiliated broker-dealers of several regional banks engaged in the diversion of retail bank customers to broker-dealer in connection with the sale of investment company securities and variable annuity contracts.
- Successfully represented seven different groups of investors, all of whom were early retirees from large industrial company, in action against national broker-dealer and its former agent for false promises and the sale of unsuitable proprietary mutual funds and other securities.
- Recovered damages in $3.7 million action against national broker dealer whose agent was engaged in the sale of off-shore investment trusts.
- Represented union pension plan in multimillion dollar action against broker-dealer affiliate of large national bank engaged in the sale of the preferred securities of financial institutions.
- Represented investor victim in Multi-Financial Securities Corp. v. Brown, U.S. Dist. LEXIS 26527 (E.D. Pa.) against national brokerage firm based upon the outside business activities of its former agent and the determination of who is a “customer” under the Code of Arbitration Procedure.
- Made recovery against clearing firm of introducing broker-dealer where clearing firm had prior notice of civil and regulatory background of control persons, and extended credit to introducing broker-dealer in connection with the sale of proprietary securities as principal.
- Represented customers of regional bank in action against affiliated broker-dealer in connectionwith the sale of high risk municipal bonds sold as principal with substantial undisclosed mark-ups.
- Successfully represented several different investors in action against particular brokerage firm, and particular branch office of national “independent” brokerage firm engaged in the sale of high risk non-trade Real Estate Investment Trusts or REITs.
- Made significant recovery against international broker-dealer for the failure to implement or enforce its own rules and reasonably prevent the theft of approximately $2 million in customer funds by third parties.
- Successfully recovered damages against national broker dealer for failure to train or supervise agent engaged in the sale of inverse and leveraged ETF funds to investor customers.
- Obtained significant recovery against broker-dealer that knew, but failed to disclose to securities regulators or its customers, the circumstances under which its former registered representative was terminated and otherwise allowed to continue his scheme against these same customers.
- Obtained award for compensatory damages, punitive damages and attorney’s fees on behalf of individual investor against second largest producer of national brokerage firm.
- Successfully obtained recovery for group of injured investors sold Collateralized Mortgage Obligations by regional brokerage firm through a series of false statements and Omissions.
- Made several recoveries against large national discount broker for fraud in connection with the sale and recommendation of high yield, high risk, non-traditional money market securities.
- Disabled victim of medical malpractice action, investing proceeds with broker, where broker traded account excessively in speculative securities and options without client’s authorization, in margin resulting in the loss of the entire account.
- Proceeds of divorce settlement improvidently invested in speculative securities, without diversifying account, in complete disregard of client’s financial condition.
- Fraudulent sale of high yield junk bonds to unsophisticated widow following death of her husband.
- Fraudulent sale of worthless and illiquid direct participation programs to disabled medical school professor and retired physician resulting in the loss of substantially his entire life savings.
- Older executive fully vested in company stock options. Options exercised, and proceeds invested in technology and Internet related securities in complete disregard of customer’s stated investment objectives.
- Client advised to take early retirement by broker, investing client’s life savings in speculative securities on margin, result in substantial loss of entire account.
- Unauthorized trading of customer account belonging to a 82 year old widow on margin, in technology and other securities.
- The fraudulent sale of unsuitable and proprietary Class B mutual fund shares by a broker, to avoid breakpoints or quantity discounts associated with the purchase of Class A shares, so as to maximize the broker’s commissions.
- Illegal sale of unregistered promissory notes by a licensed stockbroker, outside of the approval of his firm, to senior citizens, and other retirees.
- The fraudulent sale of long term Certificates of Deposit to a younger couple under the guise that these instruments, subject to interest rate risk, were traditional bank CDs.Short term trading of high risk thinly traded municipal bonds with excessive mark-ups.
- The over-investment and unsuitable extension of margin, against a customer’s securities account where the customer needed access to the account to pay living an other expenses.
- The fraudulent sale of annuities to 93 year old widow that paid no benefits, other than generate fees until she reached 103.
- The fraudulent sale of otherwise worthless “house” stocks by over-the-counter, boiler-room type brokerage firm to senior citizens and retirees.
Kate Sherlock Guiliano has more than 35 years experience as a litigation paralegal in complex litigation matters. She began her legal career in the Litigation Department of the Philadelphia law firm of Korn, Kline and Kutner, and was later employed as a Senior Paralegal with the Philadelphia law firm of LaBrum & Doak, where she assisted the former Managing Partner in complex litigation matters and providing trial support in Federal and State Courts throughout Pennsylvania.
Ms. Guiliano is an associate member of the Philadelphia Bar Association, a former member of the Board of Directors of the Philadelphia Paralegal Association, the former Co-Chair of the Litigation Specialty Section of the Philadelphia Paralegal Association, and a past panel member of Philadelphia Bench/Bar Conference.
At the Guiliano Law Group, she is responsible for all aspects of discovery production and analysis as well as trial or litigation support and preparation and legal research.
Contact Us
If you believe you have been damaged as a result of wrongful conduct by your stockbroker or brokerage firm, contact us today for a free, no obligation consultation.
Guiliano Law Group
Our practice is limited to the representation of investors. We accept representation on a contingent fee basis, meaning there is no cost to you unless we make a recovery for you. There is never any charge for a consultation or an evaluation of your claim. For more information, contact us at (877) SEC-ATTY.
OUR PRACTICE AREAS
FINRA Arbitration
The litigation of individual and group investor claims against securities broker-dealers and investment professionals adjuducated in arbitration before the Financial Industry Regulatory Authority.
Defective Financial Products
Alternative Investments, Promissory Notes, Structured Products, High Yield Bond Funds, Non-Marketable Real Estate Investment Trusts, Inverse and Leveraged ETFs, the Failure to Conduct Due Diligence.
Unsuitable Investments
Speculative or High Risk Investment Recommendations, Unsuitable Investment Strategies, Low Priced Securities, Customer Specific Unsuitability, Inappropriate Investment Recommendations.
Stockbroker Misconduct
Breach of Fiduciary Duty, Churing, Unauthorized Trading, Fraud, Stockbroker Theft, Ponzi Schemes, the Sale of Unapprovied investments.