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Securities Fraud Lawyers

Investor Focused Representation

Fitapelli Kurta is a national law firm that represents investors in cases involving investment and securities fraud. Our securities fraud practice is unique because our law firm does not represent any banks or major financial institutions – only harmed investors. We also never charge hourly for our services. We only accept cases on contingency, meaning our firm is not paid anything unless we are able to successfully recover funds on our client’s behalf. Because we work this way, we have a vested financial interest in the success of all of our cases. If our clients aren’t successful, neither are we.

Proven Track Record

We have recovered over $100 million prosecuting investment and securities fraud cases for investors throughout the United States. While most of our cases conclude with a confidential settlement, our firm has taken numerous cases to verdict – achieving multiple individual verdicts in excess $1 million. This willingness to try difficult cases has earned us industry awards and favorable press. However, and more importantly, our successful track record has also earned us a reputation in the financial industry among major financial institutions and the large law firms that they employ to defend them. We are known in the industry as being smart, aggressive and creative litigators.

Unique Background

We have a unique prospective on the securities industry because our attorneys began their careers at large law firms that defended major financial institutions. This “defense background” makes us uniquely situated to understand the litigation strategy of the financial institutions we sue as well as the attorneys who defend them. Over the years we have found this unique perspective has proven invaluable to our clients.

Personalized Service

Most attorneys are impossible to reach on the phone and assign cases out to paralegals or inexperienced lawyers. We are different than most attorneys. We work on your cases, not a paralegal. We also answer our own phones and are always accessible to our clients. This is a point of pride for our firm.

Difficult First Call

Almost every one of our cases involve an investor who lost all or a significant portion of their net worth. We understand that clients in this situation often go through a range of emotions – from anger to embarrassment. We also understand how difficult it is to take the first step and contact an attorney. The first call to an attorney is often very difficult, but we hope to make it easy. Call us today at (877) 238-4175 or email us at info@fkesq.com.

Stock Fraud Arbitration Process
1 Free Case Evaluation Our experienced securities attorneys will discuss the strengths and weaknesses of your potential claim during a free “intake call”. During this call, we may ask potential clients to send us certain documentation regarding their claim, including account statements from the brokerage firm at issue. A normal intake call may last between 20 and 45 minutes depending on the complexity of your case.
2 Retention Work with Fitapelli Kurta Once we have determined that we will pursue your case and that you are willing to retain Fitapelli Kurta, we will send you our form retainer agreement. This agreement will explain your rights as our client and will detail our contingency fee structure. Under the terms of the agreement, you are not responsible for any attorneys’ fees to Fitapelli Kurta if the firm does not collect anything on your behalf.
3 Statement of Claim Our first step in arbitration will be to draft the statement of claim. In arbitration, a document called a “Statement of Claim” is filed with the Financial Industry Regulatory Authority, or FINRA. This document is similar to a “Complaint” filed in court. The statement of claim will contain the basic facts of your case, our theory of liability and our monetary demand on the broker dealer.
4 Arbitrators Selection Once your Statement of Claim is filed, both parties rank a list of arbitrators compiled by FINRA. These arbitrators will serve as both judge and jury for your case. During this phase, we will review resumes and prior awards from the pool of arbitrators that were randomly selected by FINRA. Similar to selecting a jury, both sides will have the right to automatically strike certain arbitrators. The remaining arbitrators will be listed in order of preference and submitted to FINRA as our final selection.
5 IPHC The IPHC, or initial pre-hearing conference call, is a scheduling call between the attorneys and the appointed arbitration panel where hearing dates and deadlines will be established. The IPHC is typically held three months after the Statement of Claim is filed. FINRA typically selects hearing dates approximately nine months from the IPHC, allowing for a case to be fully adjudicated in 12 to 15 months; however some cases are adjudicated faster or slower depending on various factors.
6 Discovery In arbitration, the parties are required to provide each other with certain documents necessary for the prosecution and defense of a case. As a claimant, you will be required to produce your tax returns, account statements and correspondence with the broker dealer. Once your Statement of Claim is filed, we will work with you to gather these documents. Please refer here for our discovery guide, which lists in detail all documents that need to be produced by a claimant.
7 Motion Practice Although not required, the FINRA rules permit the parties to engage in limited motion practice. When a party files a motion, they are formally asking the arbitration panel to issue an order. The most common types of motions that are filed in FINRA are motions to compel discovery where one party fails to or refuses to voluntarily cooperate with discovery, as required by the rules.
8 Mediation/Settlement As with most court actions, it is often in the parties’ collective interests to attempt to resolve a case amicably without the need for a formal adjudication by the Arbitration Panel. In our experience, there is usually a joint effort by both parties prior to an arbitration hearing to attempt to amicably resolve a case to avoid the cost and inconvenience of a hearing and the uncertainty of the result.
9 Pre-Hearing Assuming your case has not settled, the pre-hearing phase is where we work with you and other witnesses to prepare for the arbitration hearing, which is very similar to a trial. We will also prepare all of the other components you will need to win your case including exhibits and draft a pre-hearing brief for the arbitration panel, identifying and summarizing key legal issues in your case.
10 Hearing / Award An arbitration hearing is very similar to a trial, however, unlike a trial where there is typically a judge and a jury, the jury and judge of an arbitration hearing is the arbitration panel. The hearing will usually be located near where you lived during the time the dispute arose. Most hearings will last between three and five days, but more complex hearings may take several weeks. Within thirty days of the conclusion of the hearing, the arbitration panel will render its award. The parties then have thirty days to comply with the award.
Stock Fraud News & Information
Securities Law Attorneys Blog
  • Publicly available records indicate that a class action lawsuit has been filed on behalf of investors in KushCo Holdings (OTC:KSHB) in connection to…
  • Publicly available records indicate that a class action lawsuit has been filed on behalf of investors in Indivior PLC (OTC:INVVY) in connection to…
  • Public records indicate that a class action lawsuit has been filed on behalf of investors in Sprint (NYSE:S) in connection to alleged securities law…
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Contact Us
  1. 1 Free Case Evaluation
  2. 2 Millions Recovered on Our Clients' Behalf
  3. 3 We Will Fight For You!

Fill out the contact form or call us at (877) 238-4175 to schedule your free case evaluation.