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Author Archives: Charles Tobin

Known Contingent Risks Can Be As Perilous As Unknown Risks

Business equity buy outs are obviously burdened by more potential risks than asset purchases. The keen eye of experienced counsel can help a client peer beneath the muddy surface water, anticipate and plan for the hidden liability dangers inherent in the equity transaction. Yet, sometimes when the danger is not hidden at all but only […]

Bad Idea: Law Suits for Negative Internet Reviews By Customers

From time to time clients ask us to sue their customers for posting bad consumer reviews on web sites like “Pissed Consumer”. There are several ways to counter a bad consumer review. A law suit is not the best one of them. Bad reviews may be taken down by an author. So, satisfying a disgruntled […]

Reduce Business Risk By Seeking Early Counsel About Consumer Sales

That it is easier and less expensive for businesses to avert trouble than it is to get out of trouble is illustrated by a recent Maryland Court of Appeals case. An automobile dealer financed its sale of a used car to consumers. The consumers alleged after the purchase that material information about the car’s accident […]

An Investor’s Story–The Making of a Winning Claim

Investors’ claims against a broker-dealer must be arbitrated. There is no right for an investor to make his or her claim in a court. So, there is no point in rehashing what we last said in this space. For the present, that is the law of the land. Thus, when an investor’s arbitration claim is […]

Cheated by Your Broker? Here’s the One Thing You Can’t Do. File A Law Suit

What follows is what an investor can do about a cheating broker when aided by an experienced lawyer. The overwhelming number of investors who open a brokerage account have already waived in writing their right to sue a broker in court before a jury for what may be life wrecking bad conduct and advice. Buried […]

Buying Securities On Margin—Hold Onto Your Watch and Wallet

Smooth talking brokers will tell you that when buying on margin, an investor is using his broker’s money. That’s nonsense. The margin buyer is borrowing his own money and, adding insult to injury, paying interest and commissions to his or her broker for the privilege. The broker makes money, no matter what. The investor is […]

Justice For Older Investors

The 2010 Elder Justice Act (EJA) is part of the Health Protection and Affordable Care Act. Everyone knows that there has been a lot of public discussion and legal controversy over parts of the health care law. However, none of it has involved EJA, a successor to the Older Americans Act. The purpose of EJA […]

Selecting Your Broker, The Essentials

If all you want from a broker is the ability to buy or sell a security on one of the national markets, the Yellow Pages my serve your purpose.  If you plan to entrust a broker with more than that, say your life savings, there are a few preliminary but essential steps you must take […]

Only Unwary Investors Delay Bad Conduct Broker Claims

Statutes of limitations are sometimes a little loosely called statutes of repose. In plain English, any claim not filed by a certain date is dead on arrival at the courthouse. But, that’s the only easy part. More challenging is determining when the time for filing a claim starts to run. Or whether after it has […]