Beam & Astarita Significant Decisions and Cases


| Introduction | Securities Arbitrations | Trials and Appeals | Enforcement and Disciplinary Actions | Reported Decisions |

Introduction

During their individual legal careers leading up to the formation of Beam & Astarita, LLC, the individual attorneys at the firm have represented thousands of individuals and entities in a wide variety of matters. Although we are a litigation firm, ultimately representing our clients in courtrooms across the country, much of our work is done outside of the courtroom, in an advisory role.

However, it is our trial work which often results in important, or interesting decisions, which have gained national attention, in the press and in the legal community. While the matters contained in this document are only a small portion of the litigation matters which we have handled, they do demonstrate the scope and variety of those matters.

Arbitrations

Mark J. Astarita, Esq. has represented parties in hundreds of arbitrations before the National Association of Securities Dealers, the New York Stock Exchange, and the American Arbitration Association, at hearings held in most major cities across the country.

Summaries of a few of the more significant matters,  follow:

At the arbitration, Mr. Astarita filed a counterclaim against the customer for defamation, business torts, and filing a malicious complaint. After 10 days of hearings, the customer's 1.2 million dollar claim was denied, in total, and the broker was awarded $190,000 from the customer, to compensate the broker for the actions of the customer. The case received national press and was the first time a broker had successfully claimed against his customer for a false or malicious complaint.

Significant Litigation Matters

Enforcement Investigations and Hearings Proceedings

The firm routinely handles investigations and enforcement proceedings brought by the National Association of Securities Dealers, the New York Stock Exchange and the Securities and Exchange Commission. While the matters are too numerous to detail, they have ranged from representing targets and witnesses in some of the more notable insider trading cases of the 1980s; representation of witnesses at routine investigations into sales practices, stock manipulation, margin and trading violations, SOES violations, and markup and markdown violations.

We have represented the subjects of investigation at all stages of the investigations, as well as after the receipt of a Wells Notice, through settlement negotiations and where necessary through a hearing and the appellate process. We have also represented customers and industry personnel in a variety of administrative proceedings before the Commodity Futures Trading Commission, the National Futures Association, all of the major commodity exchanges, the Securities and Exchange Commission, the National Association of Securities Dealers and the New York and American Stock exchanges, in private and public investigations, disciplinary hearings, reparation and enforcement hearings.

In recent years we have represented parties in the following proceedings of interest: