Chicago Securities and Commodities Lawyer

Mr. Berman represents Brokers, Broker-dealers, Investment Advisors, Commodities Firms and other professionals in the securities and commodities fields in arbitration, reparation, and litigation matters before State and Federal Courts and the National Association of Securities Dealers ("NASD"), National Futures Association ("NFA"), Commodity Futures Trading Commission ("CFTC"), various exchanges, American Arbitration Association ("AAA"), and other forums. Most of these cases involve allegations of fraud, unauthorized trading, churning, breach of fiduciary duty, violations of non-compete, non-solicitation, confidentiality agreements, other allegations of breach of contract, unsuitable recommendations, negligence, violations of the rules and regulations of various self-regulatory organizations, and consumer fraud statutes.

Many of the disputes are between or among Broker-Dealers, Investment Advisors, Futures Commission Merchants, Introducing Brokers, Commodity Pool Operators, Commodity Trading Advisors, Floor Brokers, Floor Traders, Market-Makers, Designated Primary Market-Makers ("DPM"), Member Organizations, Associated Persons or Registered Representatives of such firms, hedge funds, mutual funds, banks, trust companies, insurance companies, and other financial institutions - as well as the customers and employees of these firms. The disputes involve securities, options, commodities, futures, leverage contracts, other derivative products, and employment matters.

Mr. Berman also represents firms and individuals before the NASD, NFA, Securities and Exchange Commission ("SEC"), CFTC, and various exchanges in disciplinary matters. He also assists his clients with registration matters before these bodies, including disputes regarding statements made on termination notices submitted to the NASD or the NFA (e.g., Forms U-5 for the NASD and 8-T for the NFA).

Mr. Berman also represents employers and employees in "raiding" cases where restrictive covenants are at issue (e.g., non-compete agreements, non-solicitation agreements, and confidentiality agreements) and where claims involving the misappropriation of trade secrets and breach of fiduciary duty have been made. Many, but not all, of these cases involve brokerage firms.

Mr. Berman also represents clients in shareholder disputes involving closely-held corporations, general partnerships, limited liability companies, limited liability partnerships, and in other commercial matters.

Mr. Berman's Philosophy of Legal Practice

Mr. Berman begins by learning his clients' needs and objectives. He obtains a thorough understanding of the facts, and weights various courses of conduct with his clients by discussing them in a candid, straightforward manner. Ultimately, Mr. Berman helps his clients devise practical, "real-world" solutions. Mr. Berman constantly re-assesses the risks and rewards of each course of action after it has been adopted.

Mr. Berman is results-oriented. He constantly looks for creative and innovative ways to solve his clients' problems. In appropriate circumstances, he refers clients to mediation (and represents them during the mediation process). Yet, when litigation cannot be avoided, Mr. Berman vigorously prosecutes and defends his clients' cases effectively.

In certain cases, Mr. Berman is prepared to share the risks and rewards of obtaining a favorable result for his clients. He has devised fee arrangements to accomplish this goal for both plaintiffs and defendants.