Broker disputes

Our market-leading team of financial disputes lawyers has particular expertise in disputes affecting and involving brokers. We act both for and against brokers and other market counterparties in relation to a wide range of regulatory issues and disputes involving retail and institutional customers, counterparties and exchanges.

Typical disputes that we handle arise out of securities, commodities, futures and options, CFD or FX trading both OTC and exchange-traded, and involve, for example:

• margin related disputes
• pricing, liquidity or churning issues
• contractual interpretation issues (e.g. unlawful exercise of close-out discretions)
• unauthorised trading, fee and commission and introducer disputes
• execution issues
• client money and asset (CASS) issues

Our team is led by Stephen Elam, who previously headed the in-house legal function for litigation and contentious regulatory matters for the broker-dealer MF Global UK. We therefore have valuable experience and insight that provides a deep understanding of the practical and business issues that arise in managing and resolving disputes effectively, when they do arise.

Regulation

Our regulatory expertise also extends to advising brokerage firms in relation to their dealings with the FCA and other regulators on contentious issues. We understand the FCA’s concerns and objectives for firms, and have extensive experience in this area, from assisting with regulatory enquiries and managing existing and future regulatory risks, to responding to complex supervisory issues, conducting investigations and representing firms in enforcement actions.