Lynne Bolduc and Natalie FitzGerald of FitzGerald Yap Kreditor LLP worked on a FINRA arbitration matter for their client, Syndicated Capital, Inc., that they successfully got dismissed prior to arbitration. The Daily Journal reported the results in its publication on September 21, 2018.

Lynne Bolduc, Attorney-at-Law

Lynne Bolduc, Attorney-at-Law

Natalie FitzGerald Attorney

Natalie FitzGerald, Attorney-at-Law

The Results Posted in the Daily Journal Publication:

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SECURITIES

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FAILURE TO PERFORM DUE DILIGENCE AND FAILURE TO DISCLOSE SUITABILITY

Arbitration: Mixed Result

Case/Number: Rosemary Perera, individually and on behalf of her IRA v. Madison Avenue Securities, LLC, Syndicated Capital Inc. / 16-03273

Court/Date: FINRA / August 10, 2018

Arbitrator: Alan M. Rosen

Attorneys:

Claimant – D. Daxton White (White Law Group)

Respondent – Marc S. Ehrich (Winget Spadafora Schwartzberg) for Madison Avenue Securities; Natalie N. Fitzgerald (Fitzgerald Yap Kreditor LLP) for Syndicated Capital Inc.

Facts: Rosemary Perera sued Madison Avenue Securities and Syndicated Capital in relation to her investment in Adageo Energy Partners LP and Behringer Harvard Real Estate Investment Trust.

Claimant’s Contentions:  Perera asserted causes of action for failure to perform due diligence, failure to disclose; suitability; common law fraud (misrepresentations); breach of fiduciary duty; negligent failure to supervise; and negligence.

Respondent’s Contentions: Madison Avenue and Syndicated Capital denied the allegations.

Result:  Perera settled with Madison Avenue.  The Panel granted Syndicated’s motion to discuss pursuant to Rule 12206 of the Code of Arbitration Procedure because the claim was over six years old.

Arbitrators: Alan M. Rosen, presiding chairperson; Richard J. Stall Jr.: Barry A. Fisher.

Filing Date: November 1st, 2016.

Contact an Orange County Securities Lawyer for Assistance with Legal Matters in Securities Law

If you need assistance with securities law in Orange County, please contact Natalie FitzGerald or Lynne Bolduc at (949) 788-8900.