What Is the Work of a Securities Attorney? 

A securities lawyer focuses on laws and regulations involving the buying and selling stocks. Their work can range from drafting documentation for stock offerings to overseeing corporate finance matters like mergers and acquisitions.

Securities lawyers can also act for investors harmed by misrepresentation or fraud their financial professionals commit. Most brokerage firms require that customers agree to resolve disputes via securities arbitration, which are pseudo-judicial public hearings.

Legal Advice

When a broker or financial professional mishandles your money, you need a securities lawyer to represent you. They can help you recover your lost funds and get a fair settlement from the person who wronged you. These attorneys can also help you navigate the complex and intricate laws surrounding trading stocks.

You can find a qualified New York corporate & securities lawyer by looking at how long they have been in business and the number of securities arbitration cases they’ve handled. It would help if you also asked about their payment rate, which can be billed hourly or on a contingency basis. You should read any fee agreement presented to you carefully before signing it.

There are two main kinds of securities lawyers: transactional and litigation. Transactional securities lawyers work with corporations as they seek to raise capital through public offerings, get listed on a stock exchange and aid in mergers and acquisitions. They also handle the various reporting and disclosure requirements for public companies.

Litigation securities lawyers spend their time representing investors, financial professionals and financial firms in securities-related disputes. They help clients respond to regulatory inquiries, such as subpoenas and show-cause notices, and defend them in SEC, FINRA and state securities enforcement proceedings.

This work often involves drafting documents, conducting discovery and legal research and preparing for hearings. Most securities attorneys are paid on a contingency basis, which means they only get paid if they recover money for their clients.

Regulatory Advisory

As the name suggests, securities lawyers provide advisory services to their clients regarding the complex laws surrounding buying and selling stocks. They work with both individual investors and corporations.

For example, a securities lawyer working with an investor may vet corporate disclosures and find out about key company management players to determine if any legal or regulatory issues might affect future trading decisions.

A securities lawyer can also advise a company on issues related to buying and selling shares, including maintaining compliance with regulations in light of changing economic conditions. This advice is important to help companies avoid costly mistakes from non-compliance with regulatory standards.

In addition to providing advisory services, a securities lawyer can help clients with their litigation needs concerning investment-related disputes. Like divorce and child custody lawyers, securities attorneys have a specialized practice area that requires them to understand who regulates what kinds of arguments, know how specific situations typically play out and stay current on regulatory changes to advise their clients adequately.

If you have a dispute with your broker, securities lawyers can assist you in resolving the issue through arbitration, which most brokerage agreements require. Securities lawyers can also represent you in any litigation arising from your investments, including shareholder derivative actions, class action suits and suits against brokers.

Litigation

Securities lawyers often serve as a resource for investors when they become the victims of securities fraud or other wrongdoing. They can help investors file SEC complaints and take legal action against brokerage firms and individual brokers that owe them money.

Securities law is a highly specialized area of law. To best advise clients, a securities attorney needs to understand who regulates which types of securities, how specific situations typically unfold and stay current on regulatory changes. They also must maintain a deep network of complementary experts in fields such as finance, marketing and research.

Besides companies issuing equity and debt, securities lawyers are frequently employed by banks, domestic and foreign financial investors, investment funds, brokerages, portfolio managers, etc. As a securities attorney, it is crucial to be familiar with the various laws and regulations set forth by organizations.

If you have lost money due to the mismanagement or fraud committed by your investment broker, it is critical to consult with an experienced securities lawyer immediately. Securities attorneys are often retained on a contingency basis, which means you don’t pay any upfront fees, and they only collect their costs when they successfully recover money for you. They may charge an hourly rate or offer a flat fee structure.

Research

Securities lawyers, especially those who work in litigation, often spend much time researching lawsuits and claims filed against public companies and their management. They also prepare disclosure documents for new securities and other financial instrument issuances.

This research may also include reviewing corporate backgrounds, examining corporate governance structures and assessing compliance with regulations. A lawyer specializing in securities law also advises clients on regulatory compliance and assists investors with purchasing stocks and bonds.

It can also involve drafting and reviewing contracts related to capital market transactions. The regulatory advisory aspect of a securities lawyer’s job can also assist entities with preparing prospectuses and other legal documents for public issues in compliance with Sebi regulations.

As the financial industry becomes more complex, so too do the laws and rules that govern it. It makes the proficiency of a competent securities lawyer vital for investors seeking compensation for losses or brokers striving for steadfast compliance.

For example, many securities attorneys can assist investors with filing a class action suit against their broker for failure to disclose material information that caused their losses. This type of litigation can be a lengthy and costly process that requires the expertise of an experienced attorney.

Moreover, as securities lawyers are typically paid on a contingency basis, they can help their clients navigate these disputes without incurring any upfront expenses.