Investment Advisers Preparing for Increased NASAA State Regulation Pursuant to Dodd-Frank Wall Street Reform Act
In a recent issue of InvestmentNews, dated August 10, 2010, Gilbert H. Davis was quoted in the article entitled, "Advisers preparing for threshold switch: NASAA."
Gerald B. Kline Admitted to the Federation of Defense & Corporate Counsel
The Firm is pleased to announce that in May 2010 Gerald B. Kline was accepted to membership in the Federation of Defense & Corporate Counsel (“FDCC” -- www.thefederation.org). Founded in 1936 and having approximately 1,400 members, the FDCC is an elite group of domestic and international civil suit defense lawyers. Its members are recognized leaders in the legal community who have achieved professional distinction.
Recent Trends In Indemification Article
In August 2009, Raymond L. Moss and Gerald B. Kline published an article entitled, "Selected Recent Developments in Indemnification and Advancement Rights for Officers, Directors, Investment Managers of Hedge Funds, and Other Related Parties: Who Will Pick Up the Bill and When?".
Practising Law Institute; Securities Arbitration the Market Meltdown Era: Achieving Fairness in Perception and Reality (Volume Two; 2009)
Hedge Hell - Investors who were attracted to Highland Capital’s tough investment style are now feeling a little roughed up.
Forbes, 06/22/2009
By Nathan Vardi
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Firm Successfully Defends Broker Breach of Employment Agreement Claims Initiated by Kirlin Securities, Inc.
After a nineteen day arbitration hearing, an arbitration panel issued an arbitration award on March 18, 2009, that unanimously dismissed all claims by Kirlin against six former brokers who allegedly breached restrictive covenants in employment agreements.
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Firm Defeats Plaintiffs in Corporate Management Dispute
In October 2008, Gerald B. Kline obtained an across-the-board summary judgment order from the Business Court of the Superior Court of Fulton County, Georgia, in a corporate governance shareholder suit filed against his clients. The order dismissed all counts of the minority shareholders' Complaint, including claims of alleged fraud, negligence, misappropriation and waste, breach of fiduciary duty, and corporate mismanagement.
Raymond L. Moss Elected Member of the Congress of Fellows
In recognition of the contributions he has made to the Center for International Legal Studies, based in Salzburg, Austria, Raymond L. Moss was elected as a Member of the Congress of Fellows in September 2008.
Firm Wins Indemnification for Former Vice President, Branch Manager, and Broker Against Wachovia/A.G. Edwards & Sons, Inc. for Successful Defense of Customer Claim in Arbitration and Litigation
May 16, 2008
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Firm Advisor to DWI Holdings Inc. on $30M Purchase of Company
The Fulton County Daily Report, November 1, 2007
By Andy Peters Download pdf
Firm Hosts 10th Year Celebration at Ritz-Carlton, Buckhead. Keynote speaker: Dr. Harry Blair, Associate Chair, Department of Political Science, Yale University.
On May 15, 2007, Sims Moss Kline & Davis LLP hosted its Tenth Anniversary Celebration at the Ritz-Carlton, Buckhead. A cocktail reception was had followed by a keynote address by Harry Blair, Ph.D., Senior Research Scholar and Lecturer, Associate Chair, Department of Political Science, Yale University. Dr. Blair presented an address on the dilemma of foreign aid in Bangladesh entitled, “Foreign Aid: When Good Deeds Go Awry.” The occasion was also marked by the recognition of Julianne Shine and Lorie Boots for ten years of outstanding service to the firm and its clients.
Case Shows Risk in Arbitration Appeals
The Fulton County Daily Report, July 17, 2006
By Andy Peters Download pdf
Analysts warn of reverse mergers' dangers, BUT SOME SAY smaller companies can benefit from alternative to IPO
The Fulton County Daily Report, May 31, 2006
By Andy Peters. Download pdf
Firm Negotiates Dismissal of Multi-Million Dollar Arbitration Claim; Procures Expungement Relief for Broker
In March 2006, Gerald B. Kline negotiated a dismissal and "walk away" settlement of a $15 million NYSE arbitration claim asserted against his client, a nationally known securities broker-dealer, and one of its brokers. Mr. Kline and his partner Michael P. Gilmore also obtained expungement relief for the broker involved in the proceeding.
Firm Defeats Vacatur Challenge to NASD Arbitration Award
In January, 2006, Gerald B. Kline obtained a Final Order from the Superior Court of Fulton County, Georgia, dismissing an investor’s application to vacate an NASD arbitration Award. Mr. Kline represented a nationally known securities broker-dealer and one of its brokers in defeating the losing investor's vacatur application.
Sky Radio Interview
In June 2005, Raymond L. Moss was one of the featured attorneys interviewed for Sky Radio's special tribute to "America's Best Lawyers," which aired on the Forbes Business Channel on all American Airlines airplanes during the month of June. His topic of discussion was successfully advising and growing early-stage technology and biotechnology companies in today's market. To listen to the full exclusive interview, click here.
Patriot Act Article
In August 2004, Raymond L. Moss, Gerald B. Kline, and Gilbert H. Davis published an article entitled, "The U.S. Patriot Act and Related Domestic and International Anti-Money Laundering Regulations, With a Special Focus on Switzerland: Legal and Business Implications" Practising Law Institute; Securities Arbitration Handbook (2004 ed.)
Citi Brokerage Client to Get $1.55 Million, Worldcom Investment handled improperly in Salomon account
Bloomberg News, December 24, 2003
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Recent Trends in Private and Public Equity Investment
In October 2002, Raymond L. Moss was a presenter at the International Securities Law and Regulation Conference in Salzburg, Austria, sponsored by the Center for International Legal Studies. His presentation was entitled, "Recent Trends in Private and Public Equity Investment in the United States by Foreign Investors."
The Wall Street Analyst: Rise and Fall of a Rock Star
In August 2002, Raymond L. Moss, Gerald B. Kline, and Michael P. Gilmore published an article entitled, "The Wall Street Analyst: Rise and Fall of a Rock Star" Practising Law Institute Securities Arbitration Handbook (2002 ed.).
Firm Recovers for Investor on Mis-handled Transfer of Securities Account
In April 2002, Gerald B. Kline successfully asserted an investor’s claims against his former broker-dealer for mis-handling and delaying the transfer of the investor's securities account to another broker-dealer during the April 2000 technology market melt down. Asserting claims of commercially unreasonable conduct, breach of industry transfer requirements, fiduciary breach and deceit, Mr. Kline recovered a six digit NASD arbitration Award for his client.
Successfully Operating an Asset Management Business
In April 2001, the Firm co-sponsored with Pershing Investment Manager Services, Ernst & Young LLP and Kaufman, Rossin & Co., a seminar entitled "Successfully Operating an Asset Management Business." Gilbert H. Davis presented at the seminars in Miami and Atlanta.
Investment Adviser Regulation
In October 2000, Gilbert H. Davis was a presenter and panel participant at theNew Approaches and Trends in Securities Litigation and Regulatory Practiceseminar sponsored by the Institute for Continuing Legal Education in Georgia. His seminar materials were entitled "Investment Adviser Regulation: Some Recent Developments and A Discussion Regarding Client Brokerage (Soft Dollars)."
Firm Defeats $10 Million Raiding Claim
In June 2000, Gerald B. Kline successfully defended a nationally known securities broker-dealer in defeating a competitor broker-dealer's claims of "raiding," improper employee solicitation, and tortious business interference. The NASD arbitration panel dismissed all claims asserted against Mr. Kline's client, including a $10 million damage demand.
Hedge Funds: What, When, Why, and How.
In April 2000, Gilbert H. Davis participated on a panel presentation to the Atlanta Society of Financial Analysts on the topic "Hedge Funds: What, When, Why, and How."
Firm Represents Major Entertainment Company in Licensing Agreement Dispute
In 2000, Gerald B. Kline filed suit in Georgia state court for the asserted breach of a major action figure licensing agreement. Mr. Kline's client is a well known, diversified publicly held entertainment giant.
Legal Considerations Affecting Domestic and Offshore Investment Funds
In November 1999, Sims Moss Kline & Davis LLP co-sponsored with ING Barings LLC and Kaufman Rossin & Co. an Investment Partnerships and Offshore Fund Seminar in Boca Raton, Florida. Gilbert H. Davis presented there. His seminar materials were entitled "Legal Considerations Affecting Domestic and Offshore Investment Funds."
The Southeast Symposium on Alternative Investment Strategies
In July 1999, Sims Moss Kline & Davis LLP co-sponsored with Banc of America Securities, LLC, The Southeast Symposium on Alternative Investment Strategies.
Spotlight on the Hedge Fund Industry
In June 1999, Gilbert H. Davis presented at Spotlight on the Hedge Fund Industry, co-sponsored by Arthur Anderson LLP and ING Barings LLC, at The Ritz-Carlton Buckhead, Atlanta, Georgia. His presentation was entitled "Marketing Hedge Funds: Utilizing the Internet and Databases."
Annual Securities Arbitration Seminar
In the summer of 1999, Raymond L. Moss appeared as a faculty member at the Practising Law Institute’s Annual Securities Arbitration Seminar.
Firm Wins Dismissal of Wrongful Conduct Claims Against Departing Securities Broker
In May 1999, Gerald B. Kline successfully defended a departing securities professional against wrongful conduct claims asserted by his former broker-dealer. Mr. Kline obtained an NASD arbitration Award dismissing the broker-dealer's claims of fiduciary duty breach, duty of loyalty breach, unfair competition and punitive damages.
Firm Recovers Actual Damages, Attorney's Fees and Punitive Damages for Investor
In March 1999, Gerald B. Kline successfully represented a physician investor in a NASD Arbitration action against two brokerage firms and a broker on federal and state law claims of unauthorized and unsuitable trading, excessive trading, fraud and improper supervision. Mr. Kline recovered an arbitration Award of actual damages, attorney's fees and punitive damages for his client.
Investment Partnerships and Offshore Fund Seminars
In May and October 1998, Sims Moss Kline & Davis LLP co-sponsored with ING Barings LLC and Ernst & Young LLP Investment Partnerships and Offshore Fund Seminars in Naples, Florida, and Atlanta, Georgia. Gilbert H. Davis presented there. His seminar materials were entitled "Legal Considerations Affecting Domestic and Offshore Investment Funds."
Liability of Clearing Firms: Traditional and Developing Perspectives
In the summer of 1998, Gerald B. Kline and Raymond L. Moss published an article entitled "Liability of Clearing Firms: Traditional and Developing Perspectives"Practising Law Institute’s Security Arbitration Handbook (1998 ed.).
Firm Recovers Deferred Compensation Benefits for Departing Securities Broker
In July 1998, Gerald B. Kline and Raymond L. Moss asserted a NASD arbitration claim on behalf of a retiring securities professional against a major broker-dealer to recover deferred compensation in the form of cash, stock and stock options. They contended that the broker-dealer had breached its contractual arrangement "retirement" arrangements with its departing broker. Messrs. Kline and Moss recovered a six digit NASD arbitration Award for their client.
Advisory Committee for Securities Law Amendments
In the spring of 1998, Raymond L. Moss and Gilbert H. Davis were appointed to an Advisory Committee to the Secretary of State of Georgia in connection with the adoption of certain amendments to the securities laws of Georgia prompted by the National Securities Improvements Act of 1996.
Investment Partnerships and Offshore Fund Seminar
In October 1997, Sims Moss Kline & Davis LLP co-sponsored with ING Barings LLC and Kaufman Rossin & Co. an Investment Partnerships and Offshore Fund Seminar in Ft. Lauderdale, Florida. Gilbert H. Davis presented there. His seminar materials were entitled "Legal Considerations Affecting Domestic and Offshore Investment Funds."
Structuring, Marketing and Maintaining Offshore Hedge Funds
In March 1997, Gilbert H. Davis presented at Structuring, Marketing and Maintaining Offshore Hedge Funds, sponsored by International Business Conferences, at The Nassau Marriott Resort in the Bahamas.
Recovery for Investor on Margin Dispute and Securities Manipulation Claims
In November 1994, Mr. Kline successfully represented an investor against a securities broker-dealer and two of its brokers on claims of improper margin transactions, fraud, fiduciary breach, securities manipulation and failure to supervise. Mr. Kline obtained a six digit NASD arbitration Award for his client.
Investment Scheme Article
In August 1993, Gerald B. Kline was quoted on the topic of investment schemes that target physicians in an article written for Physicians Financial News.
Arbitration Process Article
In February 1993, Gerald B. Kline co-authored an article about the securities arbitration process in the Atlanta Business Chronicle entitled "Arbitrate for a Fair Solution to Dispute."
Securities Fraud Article
In December 1992, Gerald B. Kline authored an article entitled "Securities Fraud Prevention", which was published in the American Medical Association’s American Medical News.
How Atlanta Broker Threw Pro Athletes for Major Losses---Ocar Ayala Jr. of Shearson Played on Unlevel Field, and Clients Seek Redress
The Wall Street Journal, February 3, 1992
By Michael Siconolfi Download PDF