Securities Litigation Attorney in New York, New York

What evidence is necessary to prove that a security or investment is defective?

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So interestingly when you have a defective Securities

case the communications with the broker
are important but not as important as
the communications internally at the
broker dealer and you would be surprised
at some of the emails and the models uh
the running of the models when you look
at it you really need the sort of the
risk Department’s emails the structuring
Departments emails the investment
banking departments emails so internal
emails you would not get in a typical
Securities case because this involves
the structuring and creation of the
product you know in a typical Securities
case you’re talking about a traded
security there’s a company involved on
the stock exchange you could look at
their finances a lot of these are new
companies without a track record and
you’re investing more in an idea and a
strategy than you are in a company
thank you

New York, NY securities attorney Jenice L. Malecki talks about the necessary evidence to prove that a security or investment is defective. She notes that in defective securities cases, while communications with the broker are relevant, the internal communications within the broker-dealer are even more critical. Surprisingly, emails and correspondence from the risk, structuring, and investment banking departments can be pivotal. These internal communications, which are typically not available in standard securities cases, shed light on the creation and structuring of the product. Unlike conventional securities cases involving established companies listed on stock exchanges—where financial records can be reviewed—these cases often involve new companies with limited track records, meaning investors are placing their funds more in an idea or strategy than in a tangible company.

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