Robert C. Port’s Answers

Robert C. Port

Atlanta Securities / Investment Fraud Attorney.

Contributor Level 6
  1. Do I need a lawyer to file a $10,000 small claims case?

    Answered 5 months ago.

    1. Robert C. Port
    2. Charles K. Kenyon Jr.
    3. Peter J. Carman
    4. David P Neuman
    4 lawyer answers

    You are really asking two separate questions. First, if your question is whether you need a lawyer to appear in court to pursue your claim, that depends on the rules of the jurisdiction that is the proper one to hear the case. Usually, that is where the potential defendant resides or does business, where the transaction took place, or in the jurisdiction set forth in any agreements relating to the transaction. The second question is whether you can do it yourself, without needing to hire a...

    9 lawyers agreed with this answer

  2. Which specialty would advise me regarding a claim against a major bank's Investment Services?

    Answered about 1 month ago.

    1. David P Neuman
    2. Robert C. Port
    3. Scott Edward Rahn
    4. Theodore S. Avery
    5. Edward Francis Mcginty
    6. ···
    7 lawyer answers

    You need an attorney who has knowledge of both securities law, as well as an understanding of investing and money management. An attorney who knows securities law will be able to determine what legal claims might be viable based on your particular facts, and also have an understanding of the banking/investment industry's practices and procedures, which can be invaluable in determining how best to seek a remedy for you, if you have a viable claim. Further, that same attorney should know about...

    3 lawyers agreed with this answer

  3. I put $100k into an investment - after 9 months he admitted he lost the money. Is a demand letter necessary b/f filing fraud?

    Answered 10 months ago.

    1. David P Neuman
    2. Robert C. Port
    3. Nicholas M. Alcock
    4. Richard A Stephens
    5. Denise P. Erlich
    6. ···
    12 lawyer answers

    Generally, you do not have to write a demand letter before pursuing civil or criminal charges. In fact, given that this has been going on for 2 years, I'd be a little concerned that you might be bumping up against a statute of limitations problem. Each state has its own statutes of limitations for various civil and criminal claims (and federal law, if applicable, also has its own statutes of limitation), so you need to consult with an attorney or the DA as soon as possible to evaluate your...

    4 lawyers agreed with this answer

  4. As a matter of law, can an arbitrator confirm, modify and/or vacate the Award of another arbitrator under the FAA?

    Answered 10 months ago.

    1. Robert C. Port
    2. Kris K. Skaar
    3. Brett A. Borah
    4. Richard A Stephens
    4 lawyer answers

    In general, unless the parties agree to another arbitration in which the new arbitrator is specifically empowered to confirm, modify and/or amend a prior arbitration award, I do not believe that another arbitrator can do so. Once an arbitration award is issued, the power to confirm, modify and/or amend usually rests with a court before whom the issue is subsequently brought. Keep in mind that any answer to a legal question depends on the specific facts and circumstances of the case, as well...

    2 lawyers agreed with this answer

  5. Gwinnett County GA. Can a Magistrate Judge sitting in place of the Superior Court Judge rule on a motion for summary judgment?

    Answered 6 months ago.

    1. John Taylor Hopkins IV
    2. William Daniel Davis
    3. Drew Norman Early
    4. David Michael Lawler
    5. Robert C. Port
    5 lawyer answers

    Yes, a Magistrate Judge can be designated by the Superior Court Judge to hear a Summary Judgment Motion.

  6. Variable Annuities

    Answered 3 months ago.

    1. Darren M. Malek
    2. Robert C. Port
    3. Samuel Cahn
    3 lawyer answers

    Yes, because the underlying investments in a variable annuity are securities, they are registered with the SEC, and are regulated by SEC and FINRA rules and regulations. But keep in mind that just because something is registered, it does not mean the SEC has concluded it is a good product or a suitable investment for you (or for anyone else). Registration only means that certain required disclosures about the annuity have been made. Keep in mind that the answer to your question may depend...

    1 lawyer agreed with this answer

  7. Can I sue my broker for selling me risky stocks?

    Answered 10 months ago.

    1. Robert V Cornish Jr.
    2. Debra Lynn Fein
    3. Robert S. Banks
    4. David M. Kasell
    5. Jeremy Scott Hyndman
    6. ···
    10 lawyer answers

    Whether you have a claim depends on an evaluation of your needs, risk profile, investment experience, net worth, and other personal and financial circumstances that the broker knew or should have known. The fact that one or more investments in a portfolio lost money does not, standing alone, give you a claim. All investments recommended by the broker need to have been "suitable" at the time recommended (in light of the types of facts and circumstances just mentioned), and I would further...

    1 lawyer agreed with this answer

  8. Can a custodial firm be held liable for losses by an investment firm?

    Answered 9 months ago.

    1. Matthew James Casebolt
    2. Jeffrey Pederson
    3. Robert V Cornish Jr.
    4. Howard Robert Roitman
    5. Peter Mathis Spett
    6. ···
    8 lawyer answers

    There are lots of issues your question raises, including whether any claims you might have might be barred by applicable Statutes of Limitations. I am presuming this happened a number of years ago, because a prosecution leading to jail sentences, and whatever actions were taken to secure the 1/3 recovery, often take some time. In addition, to more fully and properly answer your question, it is necessary to know what duties the custodian was performing. I suspect it unlikely that they had...

    1 person marked this answer as helpful

  9. This has to do with professional negligence.

    Answered 10 months ago.

    1. Douglass C. Lawrence
    2. Jeremy Scott Hyndman
    3. Jonathan Alexander Karon
    4. Robert V Cornish Jr.
    5. Lee McHarg Holland
    6. ···
    8 lawyer answers

    If in fact your advisor failed to follow your explicit directions to execute a trade, he/she may be liable for the damages caused. My first question to you would be whether your instructions were clear and had no ambiguity. Additionally, unless there is some contemporaneous record of your instructions (such as a recording, a fax or other written document), this may become what lawyers call a "swearing contest": you will swear you told the advisor to sell by a certain date, and he/she will...

  10. My broker lost money on unauthorized trades

    Answered 10 months ago.

    1. Jeffrey Steven Feinberg
    2. John Sheridan Burke
    3. Jeremy Scott Hyndman
    4. Debra Lynn Fein
    5. David P Neuman
    6. ···
    13 lawyer answers

    Whether you have recourse will depend on a number of factors, including your age, your investment objectives, your risk tolerance, your other financial assets, and other factors that where known or should have been known by the RIA. The fact that you have lost money is not, by itself, and indication that you have a legal claim. Generally, the question of whether you have sustained damages and have a legal claim is assessed by comparing how a properly managed portfolio for someone in your...