Lawrence R. Gelber, Attorney At Law

LEGAL SERVICES TO THE BROKERAGE INDUSTRY

Lawrence R. Gelber provides aggressive, dedicated, cost-efficient representation to brokerage firms and registered representatives in a wide variety of circumstances, both civil and criminal.

FINRA, NYSE and other SRO's

SEC

Mr. Gelber can assist in connection with SEC subpoenas and Wells submissions. He provides firm and confident defense in connection with SEC formal orders of investigation, and can guide you through the complexities of the range of consequences related to the particular SEC matter.

State Regulators

Mr. Gelber can help you formulate a strategy in connection with any Notice of Intent to Revoke issued by any state regulators or division. He can help you negotiate a resolution or provide vigorous defense in the event negotiation is not possible at any evidentiary trial or hearing.

Securities Arbitration

Arbitration defense is the central focus of Mr. Gelber's practice. He has obtained notable victories, resulting in zero damages awarded, on behalf of brokers and brokerage firms whose chances of victory were viewed as slim, including the now defunct Investors Associates, Inc., and Royal Hutton Securities, Inc., among many others. Mr. Gelber has noteworthy experience defending against claims of: churning; unauthorized transactions; failure to trade; unsuitability; margin violations; excessive commissions and mark-ups; front-running; over concentration; abuse of discretion; penny stock violations; failure to supervise; control person liability; options violations; fraud; material omissions and a host of other claims. 

In addition to customer disputes, Mr. Gelber handles arbitrations between and among industry personnel, including claims relating to U-4s, U-5s, forgivable loans, breach of agreements not to compete, raiding and related matters.

Securities Litigation

Mr. Gelber is experienced in all aspects of securities litigation defense, including class action defense. He can work out a focused defense strategy with you, and then implement it, whether it be a motion to dismiss, aggressive discovery, a motion for summary judgment or trial. Mr. Gelber has handled numerous securities cases arising under the federal securities laws, including the 1933 Securities Act, the 1934 Securities Exchange Act, and the Private Securities Litigation Reform Act among other relevant federal statutes.

He has handled a wide range of issues, including market manipulation, fraud on the market, unregistered securities, improper accounting, false and misleading forms 10-Q and 10-K, as well as the issues commonly confronted in arbitration, but brought instead in court.

Mr. Gelber has experience litigating matters in both federal and state courts.

In addition, Mr. Gelber has experience in expunging CRD records of improperly placed negative information through the use of Orders to Show Cause, and is thoroughly familiar with the processes involved in confirming or vacating arbitration awards in court.

Settlements

Mr. Gelber has strong negotiating skills and can help you develop a firm understanding of the risks of going forward as measured against the cost of a negotiated compromise. He can help you develop direct or structured settlements.

Criminal Matters

In recent years, the number of prosecutions for securities violations has increased dramatically, both at a state and federal level. In connection with this area, Mr. Gelber works in conjunction with a colleague, Michael Utilla, Esq., of Utilla & Associates. We can advise you with respect to your constitutional rights, the applicability and usefulness of the Fifth Amendment, so-called "Queen-for-a-day" agreements, arraignments, indictments, plea agreements, federal sentencing guidelines, FBI tactics, probation department interviews, as well as the corresponding New York State components of a Martin Act or related state prosecution / investigation. Mr. Utilla can be reached directly at (718) 852 9100.

Transactional Matters

Mr. Gelber will help your firm draft employee agreements, branch office agreements and purchase agreements, and assist you with various aspects of your business. He can advise you or your firm with respect to the preparation of DRPs for CRD forms.

Compliance

Mr. Gelber can help you draft or review your compliance procedures. He has given compliance seminars at various brokerage firms and can assist you with understanding the best way to comply with NASD Notices to Members.

He can help you develop harassment policies, review compliance with the evolving money laundering rules, know-your-customer rules and Rule 3070 requirements, and provide written opinions regarding reporting obligations in connection with a broad range of events and incidents.