Herman & Mermelstein, P.A.
18205 Biscayne Boulevard
Suite 2218
Miami, Florida 33160

Call Toll Free!!
1-800-686-9921

Miami / 305-931-2200
Denver / 303-429-0812
Fax / 305-931-0877

Email lawyers@hermanlaw.com
Web
www.hermanlaw.com

For assistance with securities, plane accident, and intellectual property claims, contact the lawyers at our Miami, Florida firm today.


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Securities, Plane Accident & Intellectual Property Lawyers – Miami, Florida

Securities Law

Herman & Mermelstein, P.A. represents investors in claims against stockbrokers, banks, and brokerage firms for the mismanagement of their accounts. We have extensive securities litigation experience and have clients from around the world.

If you are an investor who was victimized by a broker’s misconduct, you may bring a claim against the broker and the broker’s firm for damages. The claim is usually brought as a Securities Arbitration matter or filed as a lawsuit. The types of claims brought in these cases include:

Unsuitability

When we entrust a broker with our finances, we enter into the client-broker relationship with certain expectations. We expect that the broker will gain a clear understanding of our investment objectives, and will recommend securities that will best meet those objectives. When a broker makes an investment that is inconsistent with a customer’s investment goals, he or she may be held liable for damages under the theory of unsuitability.

Examples of Unsuitability:

If you believe your broker made an unsuitable investment, contact a securities lawyer at our Miami, Florida firm immediately.

Misrepresentations and Omissions

When explaining the potential risks and benefits of an investment, brokers must be honest, clear, and straightforward. When they misrepresent or fail to disclose the risks of an investment, intentionally or unintentionally, they can be held liable for their actions. In order for a broker to be held responsible, the misrepresentation or omission must directly influence the customer’s decision to buy or sell a security.

When determining whether a broker should be held accountable for an oral misrepresentation, several factors are taken into account to determine whether a client reasonably relied on a broker’s misrepresentations or omissions. These factors include:

The relationship between the client and the broker, the nature of the misrepresentations or omissions, and the client's ability to fend for himself in evaluating an investment must all be examined in order to determine whether the client justifiably relied on the misrepresentation or omission.

Breach of Fiduciary Duty

A fiduciary relationship exists when a customer places his or her trust in a broker and relies on a broker’s decisions. When a broker fails to act in a customer’s best interest and breaks the bond of trust, this is considered a breach of fiduciary duty.

In order for a breach of fiduciary duty to occur, a fiduciary relationship must first exist. Some jurisdictions automatically recognize the customer-broker relationship as fiduciary in nature; in others, it is necessary to prove that such a relationship existed. The degree of control exercised by the broker over the account will influence this determination. The more a customer relies upon the broker, the better the chance of demonstrating a fiduciary relationship.

Unauthorized Trading

Before making a trade on a client’s behalf, brokers are typically required to obtain written permission from the client. If they fail to do so, they may be held liable for unauthorized trading. However, there are times when it may be acceptable for a broker to make a trade without a client’s permission. For example, if the relationship between a broker and a client is well established and the broker fully understands the client’s trading preferences, the broker may decide to make a trade without first obtaining authorization from a client.

In order to prove that unauthorized trading occurred, the client must demonstrate that he or she did not have a history of allowing the broker to make unauthorized trades. For instance, a client who approves of most unauthorized trades, but objects when a trade is financially detrimental will not have a strong claim for unauthorized trading.

If your broker bought or sold securities without your knowledge and you do not have a history of approving such transactions, please contact an experienced securities lawyer at our Miami, Florida, firm.

Churning

Implied in the customer-broker relationship is the broker's promise to deal fairly with the customer. However, sometimes brokers will put their own interests ahead of their customers’ and will trade excessively in order to increase their commission. This practice of excessive trading is known as “churning” and is both unethical and illegal.

The client’s degree of financial sophistication and the level of control that the broker has over the account will both be evaluated when determining whether excessive trading took place. The less financially sophisticated the customer and the more control a broker is shown to have, the greater the chance of having a strong case for churning.

If you believe you may be a victim of churning, contact Herman & Mermelstein. Our lawyers will use several methods that can prove whether churning has occurred. They can compute a turnover ratio to see if it suggests excessive trading, and a break-even ratio that looks in greater depth at the commissions that a broker is making.

Illegal and unethical conduct by a broker can be financially devastating. If you believe you may have a securities claim, contact a lawyer at our Miami, Florida, firm immediately.

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Aviation Law

Our plane accident lawyers in Florida have extensive experience handling a wide range of aviation issues, including disputes involving aircraft accidents, aircraft financing and lease transactions, aircraft gate rights, contract actions, insurance coverage, defense litigation, and intellectual property litigation.

Plane Accidents

Though air travel is usually very safe, plane accidents do sometimes occur. When an aviation accident does occur, it can have tragic consequences for passengers, loved ones of those injured or killed, crew members, and those who are in the vicinity of the crash. Immediately following a plane accident, you must ensure that experienced lawyers get involved right away. When you contact our Florida firm, there are several things we will do following the crash. We will:

Time is of the essence following an aviation accident. Please contact our plane accident lawyers in Florida immediately.

Aviation Product Liability

Following an accident, it is also important that we investigate the cause of the crash. In some cases, a defective part on an airplane may cause it to crash. Other times, pilot error may be the cause, or partial cause, of an accident. If you or a loved one was involved in an aviation accident, contact our plane accident lawyers in Miami, Florida, so we can begin investigating the cause of the crash.

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Intellectual Property Law

Intellectual property law is a complex field that deals with patented, trademarked, and copyrighted material. Unlike more traditional cases of stolen property, intellectual property theft lends itself to more gray areas. Fortunately, with an intellectual property attorney who is adept at handling such cases, you can recover compensation and protect the rights to your property. Our intellectual property lawyers in Miami, Florida, are experienced at helping clients protect their intellectual property and are adept at handling cases involving patent, trademark, and copyright infringement.

Patents

Just as a bike lock offers valuable protection to a bike owner, a patent provides the same type of security to an inventor. A patent safeguards an invention for a certain number of years so that others are not permitted to make, use, or sell the invention without the patent owner’s consent. When a patented invention is made, used, or sold without the authority of the patent owner, this constitutes patent infringement. This type of theft is just as illegal as cutting off a bike lock to steal a bike, and requires legal action. If you believe patent infringement has occurred, please contact our intellectual property lawyers in South Florida so we can help you recover compensation.

Trademarks

A trademark is a distinctive word, phrase, logo, symbol, or slogan used to distinguish a product from others available in the market. When a company imitates a mark, creating confusion about the source of a product or service, this constitutes trademark infringement. If an individual or business has purposely imitated your company’s trademark, please contact our lawyers so we can pursue the matter further.

Copyrights

Copyright protects original literary, dramatic, musical, artistic, and other intellectual works. The owner of a copyright has exclusive rights to his or her original work, and it is illegal for others to infringe on those rights without authorization. If you believe you may have a case of copyright infringement, contact our intellectual property lawyers in Miami, Florida, today.

For experienced attorneys who are well versed in securities, aviation and intellectual property law, contact the firm of Herman & Mermelstein.

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