Institutional Investors & Trader Claims
At West Legal Group, we also represent professionals involved in the management of assets; whether in a capacity as a trader, fund manager, trustee, or as an executive seeking to raise capital for their business.
ASSET MANAGERS
Institutional investors can rely on the financial advisers and analysts of broker-dealers when making trading decisions and determining how to raise or deploy capital. A hedge fund or pension fund itself can also be the subject of fraud or negligence. The manager of the fund has to make investment decisions about how the invest the fund’s assets. When making those investment decisions, the trustee or manager can be deceived or otherwise given poor advice about the types of investments that should be selected. In extreme cases, advisors have even stolen pension assets by convincing the trustee to invest in what turn out to be fictitious investments.
While these types of situations are unfortunate for the investors and managers, they may and usually do, expose the fund to litigation risk, as well. Sound legal advice and strategy can offset losses and mitigate risk to the fund and its underlying partners or investors.
TRADING RELATED
Algorithmic trading is a method of executing orders using automated pre-programmed trading instructions accounting for variables such as time, price, and volume. This type of trading attempts to leverage the speed and computational resources of computers relative to human traders. Many times funds rely on market makers or trading platforms to achieve (or beat) various Volume weighted (VWAP) or Time weighted (TWAP) pricing metrics. ManyBroker-dealers tout their programs and systems. Securities regulations require certain parameters be adhered to and, in many cases, customer best execution, reporting, and other metrics must be met.
Investment fund managers need to rely on these assertions and the quality of trade executions. Additionally, the accuracy of risk tracking metrics and the performance of a trading platform may be pivotal to a fund’s performance strategy. It may prove difficult for a manager who suspects malfeasance or negligence to get the proper information, records, or know how to make their case.
Our lawyers at WLG have experience in trading and market making and can assist in reviewing:
- the reporting of inaccurate prices
- spoofing
- quote stuffing
- trade throughs
- market manipulation
- trading against orders
- improper routing
- routing internally (dark pools)
One of the biggest hurdles many institutions may face is getting arbitrators, judges or a jury to understand the intricacies of the algos, black box, and various trading strategies and the time / price requirements involved. Our job is to make sure that everyone understands the goals and responsibilities of the parties and that your case is presented in the simplest terms.
CASE REVIEW AND CONSULTATION AVAILABLE AT NO CHARGE
CORPORATE & CAPITAL MARKET CLIENTS
If you are a company using the securities markets to expand, invest, or raise capital you are not immune from unscrupulous or poor-advised strategies. Underwriters and advisors may recommend various strategies like crowdfunding, Reg D private capital, listing on various public exchanges, up-listing from the OTC, convertible notes and many more. While many of these are excellent strategies, their timing and application to your specific business may be ill-advised. The wrong advice in a capital market transaction can be extremely costly, wrought with conflicts and accomplish more for the investment bankers than your investors.
In some cases, raising money costs a lot of money and sometimes it’s a BAD idea and doomed from the outset. When you’re paying an advisor they should be acting in your company’s best interest. Many times, these advisors / consultants are also investment banks or work closely with one. Thus, conflicts can arise. Conflicts may be allowed, but many times they’re not disclosed or worse the client isn’t even aware of who they’re dealing with.
The capital markets are a very diverse and involved arena and you should have an INDEPENDENT advocate and legal advisor. Regulations are VERY strict and can be confusing. Poor advice from a banker, broker-dealer, or underwriter can not only be devastating to your business but can subject you to securities laws violations.
Our legal team has experience with the regulations, logistics, and what a proper agreement should look like.
We can advise on the following and, many other, topics including:
- Investor Relations Companies
- OTC Markets (QX, QB, Pinks)
- Regulation A
- Regulation D
- Private Securities Offerings
- Consulting Agreements
- Convertible Debentures
- Market Making (15c-211)
- 10b5-1 Plans
- Compliance questions
- IPO & Up-list
Client Reviews
Contact Us
Fill out the contact form or call us at (866) 975-TRADE (8723) to schedule your free consultation.