Plaintiff Escapes Arbitration
In
Michael Waller v. Commerce Bank, et al., Commerce Bank appealed
the interlocutory order of the Circuit Court of Jackson County, Missouri
(“circuit court”), denying Commerce Bank’s motion to compel arbitration of Mr.
Michael Waller’s (“Waller”) claims under the Missouri Human Rights Act
(“MHRA”). Because there was an
unambiguous exclusion clause within the arbitration provision that was
applicable to the undisputed facts of the underlying lawsuit relevant to this
appeal, the Court of Appeals affirmed the circuit court’s denial of Commerce
Bank’s motion...
ARE YOU LOOKING FOR A ST. LOUIS BASED SECURITIES FRAUD LAW FIRM?
If you are, look no further. Indeed, if you use Google for your law firm
search you will probably find about 10 law firms that actually have little or
nothing to do with St. Louis. Are you
getting the best firm for your needs, or the firm that paid to play on the
internet?
Cosgrove Simpson began representing investors and members of the industry in 2006. Some cases have gone to court, while others
have gone to an arbitration forum such as FINRA, JAMS, or AAA. If you are seeking experienced counsel
regarding claims of fraud or negligence related to an investment, please call and ask for one of our St....
FINRA Discloses Its September 2025 Disciplinary and Other Actions
The
self-regulatory body that monitors the conduct of financial professionals just
issued its results for last month. The following are just a sampling of the
summaries it provided:
Greenbird
Capital, LLC (CRD #306692, Boca Raton, Florida)
July
24, 2025 - An AWC was issued in which the firm was censured and fined $50,000.
Without admitting or denying the findings, the firm consented to the sanctions
and to the entry of findings that it lacked a system reasonably designed to
supervise solicitations of private placement offerings. The findings stated
that the firm’s written procedures did not prohibit registered...
COURT OF APPEALS REFUSES TO ENFORCE ARBITRATION PROVISION
Earlier
this year, the Missouri Court of Appeals affirmed a trial court’s refusal to
enforce an arbitration provision within an operating agreement. Now we all know
that arbitration agreements are difficult to circumvent, so what happened in
this case?
The case is Disruption 8, LLC v. Vertical Enterprises, LLC. To keep it simple, the parties executed three
contracts, and only one of them contained an agreement to arbitrate. The
plaintiff alleged that the defendant breached one of the three contracts. But
the...
Are You A Financial Advisor With A Wrongful Termination or Defamation Claim?
Advisors terminated by their broker-dealer should immediately retain experienced legal counsel. The broker-dealer has 30 days after termination to file the mandatory U-5. Legal counsel can help you negotiate fair and accurate language for this critical and potentially public disclosure. Moreover, how the U-5 is completed above and beyond the narrative “reason for termination” can be pivotal. Many advisors fail to appreciate that, for the most part, their broker-dealer can terminate them without cause. But...