An Experienced Securities and Financial Services Attorney Recognized as a Georgia Super Lawyer®

For more than 35 years, Frank has represented parties in securities cases in federal and state courts, arbitration tribunals and disciplinary, regulatory and administrative boards and tribunals. These cases have involved all aspects of securities law and products such as:

  • Stocks
  • Bonds
  • Mutual funds
  • Variable and fixed annuities
  • Derivatives
  • REITS or real estate investment trusts
  • Like kind exchanges
  • Alternative investments
  • Auction rate securities
  • IPO’s
  • Private placements
  • Limited partnerships
  • Private equity
  • Futures and options
  • Managed accounts
  • Discretion and powers of attorney
  • Over-concentrations
  • Selling away
  • Due diligence responsibilities of professionals
  • Fraud
  • Broker theft and misappropriation
  • Breach of fiduciary duty
  • Churning
  • Unauthorized trading
  • Ponzi schemes involving hundreds of claimants
  • Failure to supervise
  • Industry raiding
  • Wrongful termination
  • Defamation
  • Racial and sexual discrimination
  • Non-solicitation agreements
  • Non-compete agreements
  • Trade secrets
  • Promissory notes

Securities Arbitration

For more than 35 years, Frank has represented both claimants and respondents in arbitration proceedings before the American Arbitration Association, FINRA, the New York Stock Exchange, the Municipal Securities Rulemaking Board and the Chicago Board Options Exchange. He also defended FINRA itself in an action brought by a former broker/dealer who was previously sanctioned by FINRA. Because he is also a FINRA arbitrator and one of the leading securities mediators in the country, he has unique insights into these types of cases and how they are likely to be resolved by arbitrators. Representative matters and issues have included:

  • Representing individual and institutional customers in sales practice claims against brokers, supervisory personnel and broker/dealers alleging securities fraud, churning, unsuitability, unauthorized trading, breach of fiduciary duty, selling away, negligence and other causes of action
  • Defending individual brokers, supervisory personnel and broker/dealers against sales practice claims
  • Representing individual brokers and associated persons against broker/dealers in cases involving non-compete and non-solicitation agreements, defamation claims, trade secret claims, repayment of promissory notes, sexual discrimination claims
  • Representing broker/dealers in cases involving non-compete and non-solicitation agreements, defamation claims, trade secret claims, repayment of promissory notes, sexual discrimination claims and raiding claims
  • Representing individual brokers and associated persons in successfully obtaining expungement of customer claims from CRDs under both the former NASD rules and the current FINRA rules, including proceedings in which FINRA contested the expungement request

Securities Litigation

For more than 35 years, Frank also has represented both plaintiffs and defendants in securities cases in federal and state court. Representative matters and issues have included:

  • Representing investors and limited partners who successfully recovered on claims against promoters, general partners, controlling persons, accountants and attorneys arising out of investments in hotels and motels, energy, real estate, commercial office buildings, oil and gas properties and other investments
  • Representing investors who successfully recovered on federal and state securities registration violation claims
  • Representing bank shareholders in a proxy/tender offer fight
  • Defending officers and directors of a failed bank and bank holding company in multiple actions against claims of securities fraud, RICO violations and breach of fiduciary duty
  • Defending accountants in action for securities fraud arising out of cattle breeding tax shelters
  • Defending third-party provider of compliance consultation and verification services to investment manager who was later convicted of securities fraud and running a Ponzi scheme
  • Defending former trustees for breach of fiduciary duty arising out of investments made by ERISA plan
  • Defending accountants for securities fraud arising out of sale of municipal bonds
  • Defending general partners of a kaolin limited partnership for securities fraud brought by their co-general partners
  • Defending general partner of a hotel limited partnership for securities fraud
  • Defending officers and promoters of a business opportunity/franchise offering for securities registration violations
  • Defending promoters/co-partners of an aquaculture partnership for securities registration violations and securities fraud
  • Defending promoter who sold interests in cattle and their offspring for securities fraud and securities registration violations
  • Defending accountants for securities fraud arising out of the sale of businesses or interests in businesses
  • Defending group of shareholders in action brought by other shareholders for securities fraud
  • Defending seller of oil and gas leases for securities fraud
  • Defending buying shareholders against claims brought by sellers of securities alleging fraud in the sale of securities and selling shareholders against claims brought by buyers of securities alleging fraud in the sales transaction
  • Defending officers against derivative claims brought by shareholders
  • Representing a dissenting shareholder in a dissenters right action

Securities Enforcement and Regulatory Matters

Frank also has represented defendants, respondents, targets and witnesses in enforcement, contempt, regulatory and licensing actions brought by the Securities and Exchange Commission, FINRA, the Chicago Board Options Exchange, and state regulatory and licensing agencies against companies, brokers, officers, directors, registered options principals, financial and operations principals and others. Representative matters have included:

  • Defending a former officer and director of a public company against contempt charges and imprisonment sought by the SEC for the failure to pay an insider trading judgment
  • Defending the former CEO of bank and the presidents of two subsidiaries in an SEC enforcement action from charges of fraud
  • Defending shareholders from SEC charges of insider trading
  • Defending officers of a public company from SEC charges of “tipping”
  • Defending investor from SEC charges of “tipping”
  • Defending the CEO of a public company from SEC charges alleging that false and misleading press releases were issued
  • Defending individual brokers against enforcement charges brought by FINRA arising out of sales practice complaints and alleged violations of FINRA rules seeking bans
  • Defending individual brokers against enforcement charges brought by various state securities commissioners arising out of sales practice complaints
  • Representing individual brokers and broker/dealers in responding to witnesses subpoenas issued by the SEC and FINRA and in testifying before the SEC and FINRA
  • Assisting individual brokers and broker/dealers in preparing responses to the SEC, FINRA and state securities commissioners arising out of informal inquiries
  • Assisting individual brokers in preparing responses to internal broker/dealer compliance personnel arising out of inquiries received from the SEC, FINRA, CBOE and state securities commissioners
  • Assisting individual brokers arising out of state registration issues

Expert Witness and Consulting Counsel

Frank also has provided expert witness testimony with respect to issues arising out of FINRA arbitrations, issues involving due diligence issues involving an attorney’s disclosure obligations with respect to private placement memoranda. He also has served as consulting attorney for other attorneys who have claims arising out of securities litigation and arbitration.

Frank’s complete resume can be viewed by clicking on the button at the top right of this page.