Experienced service stretches across the securities law spectrum

When clients find themselves the target of investment fraud or other securities wrongdoing, or they face securities-related legal claims against them, our lawyers can help. Businesses in a wide range of industries rely on us to represent them in a vast array of disputes that take place in this area. Our team handles accounting fraud, such as falsifying details in corporate filings; advanced fee fraud embezzlement; insider trading; internet investment fraud, market manipulation, also known as “pump and dump” fraud; offshore scams; Ponzi and pyramid schemes; promissory notes; and stockbroker churning, among others.

Our well-versed team also tackles claims of breach of fiduciary duty, which frequently intersect with problematic securities transactions. In addition, we diligently stay on top of rapidly evolving and cutting-edge securities-related issues, such as those involving artificial intelligence (AI) and cryptocurrency. We draw on that knowledge to craft sensible—and often inventive—approaches to address the novel legal questions in these and other emerging areas.

Knowing what to look for and piecing the puzzle together

Securities cases arise out of a variety of circumstances, and the matters rarely present themselves in a straightforward manner. We address the challenge by delving deep, peeling back the layers of a dispute, and uncovering its essential core. We then devise and deliver a shrewd strategy to negotiate an optimal settlement if that’s the right course of action for the client. Or, if going to trial is best, we take it to court and do all we can to prevail, which we’ve done numerous times.

Victims of securities fraud or potential securities fraud usually allege that the defendant misrepresented or failed to provide essential financial information before the purchase or sale of a security. On behalf of our client, we take full advantage of the statutory right to inspect books and records of a potential defendant to investigate the series of events leading up to the suspicion or allegation of fraud. Founding partner Robert Burford, in particular, draws on his accounting background to uncover the facts and connect the dots. When we represent the defendant, our team also examines the claimant’s financial fingerprints, often finding the linchpin of the dispute that topples the claim and clears our client.

Fully understanding all the legal contours and jurisdictional differences

It’s always best to resolve real estate and construction-related issues in their earliest stages, before they escalate. Our lawyers, however, are happy to discuss your matters and various courses of action at any phase of the dispute. We obtain substantial verdicts and settlements for clients through court proceedings and alternative dispute resolution methods such as mediation and arbitration.

How we work with you

A multi-layered web of state and federal rules and laws controls and shapes the securities and investments sector. Organizations such as the Securities Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA), and the Texas State Securities Board administer and enforce securities-related regulations. At Burford Perry, we maintain a full understanding of the governing framework and how constantly changing laws affect the financial status of those we represent.

Investment fraud lawsuits often hinge on technical details. Texas securities laws are particularly nuanced, and individuals and businesses frequently don’t know that a transaction is subject to the Texas Securities Act (TSA] because the state defines the term “security” broadly. Unlike federal securities laws, TSA rules don’t require proof of scienter (bad intent) or reliance, which creates a lower standard of proof compared to federal laws. We understand the specifics of both state and federal statutes as well as or better than any other lawyers who practice in this dynamic area, which enhances our ability to effectively serve clients.

Additionally, our familiarity with the various jurisdictions where securities issues are heard gives our clients a significant advantage when they become embroiled in a securities-related dispute. Frequently, we know the decision-makers, the ways in which they operate, and how they’ll likely rule on a case. That helps us position our clients for successful outcomes.