Pastore attorneys are highly skilled, creative, and motivated litigators who have built a record of considerable success in complex matters in arbitration.
Our focus is on representing financial services industry clients in litigation in state and federal court as well as in FINRA arbitrations.
We have significant experience in representing broker-dealers in customer complaint cases (including allegations of unauthorized trading and lack of suitability) and in various transactional disputes in the financial services industry; and representing both firms and employees in employment disputes.
We have also represented hedge funds, private equity funds, and venture funds in a wide range of disputes, and have experience in high-profile litigation involving bank conversions from mutual to stock companies.
Our attorneys have also represented clients in cases involving distressed debt securities convertible swaps, residential mortgage-backed securities, private equity loan agreements, warrants and options, convertible bonds, merger rights claims of misrepresentation in connection with unregistered offerings, disputes over fees in financial services agreements, promissory notes and private placement memoranda.
- Represented broker dealer in connection with claims for investment banking fees and reputational damage associated with national class action brought against issuer alleging misrepresentation with respect to military hardware used in Iraq. Successfully moved to disqualify the issuer’s counsel.
- Successfully defended one of the nation’s largest convertible securities and arbitrage trading firms in an arbitration compelled by the United States Court of Appeals for the Second Circuit. Claims included violations of the NASD Rules of Fair Practice, vexatious litigation, fraud on the United States Copyright Office, tortious interference with business, unfair competition under the Trademark Act of 1946, common law unfair competition, statutory unfair trade practices, misappropriation of business assets and trade secrets, copyright and trademark infringement, raiding, and various additional statutory claims. The parties’ aggregate damage claims exceeded $70 million. Actively participated in all 180 arbitration sessions.
- Represented large family office in connection with claim involving the improper lending of securities.
- Represented broker dealer in connection with misappropriation of confidential RMBS documents.
- Represented broker dealer in claims for investment banking fees due from an international oil and gas issuer listed on an exchange.
- Successfully defended nation’s largest transfer agent serving as exchange agent in arbitration before the AAA predicated upon the alleged misdelivery of transmittal letter.
- Represented broker dealer in connection with rights to investment banking fees from medical device manufacturer. Successfully compelled FINRA arbitration in Connecticut.
- Defended investment banking and brokerage firm from claims asserted by former employee predicated upon failure to pay compensation. Defeated claims in their entirety, and prosecuted counterclaims based upon breach of fiduciary duty, breach of contract, unfair trade practices, and tortious interference with business relations.
- Prosecuted action based on breach of fiduciary duty in connection with securities offering. Respondents ordered to turn over $1 million collateral and pay attorneys’ fees. Obtained award 100% higher than original amount claimed.
- Represented registered representative (after unsuccessful NASD arbitration in which we were not counsel) in connection with Motion to Vacate arbitration award in New York Supreme Court. Action involved tax advantage trading strategies. Motion to Vacate was based upon the failure of the NASD panel to recognize the prior widespread dissemination of the trading strategies as well as plain miscalculation of a large damages award based upon commissions.
- Defended broker dealer in connection with claims of unsuitable trading in equities and SPAC warrants.
- Successfully represented high net worth family in connection with claims against well known underwriter of REITS.
- Represented broker dealer in a customer dispute arbitration involving SPAC warrants.
- Represented broker dealer in connection with investment banking fees due on SPAC transactions from co-managing agent.
- Represented prime brokerage firm in connection with claims associated with failure to provide insurance for trading losses.
- Defended broker dealer and its senior executives in connection with claims of unsuitable trading and lack of supervision.
- Successfully represented a local charity relating to certain investments in a FINRA arbitration.
- Represented broker dealer in connection with enforcement of covenants not to solicit employees and clients.