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Our research and testimony frequently result in awards, decisions and orders. See what our experts have been working on.

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Bauer v Raymond James Annuity - $453,210 Award

In October 2005, an NASD arbitration panel in Philadelphia, PA order Raymond James to pay a Claimant $151,070 in out of pocket losses plus $302,140 in punitive damages - plus attorneys' fees, expert witness fees and prejudgment interest over the sale of Equitable and Manulife variable annuities.

AG Edwards Exercise and Hold - $931,000 Award

In May 2005, a Pacific Stock Exchange arbitration panel in San Francisco, CA ordered AG Edwards to pay four Claimants $931,000 plus plus costs over the unsuitable recommendation to exercise employee stock options on margin and to hold the aquired Cisco Systems and JDS Uniphase stock for one year to achieve long-term capital gains tax treatment.

Desrosiers v Robert W. Baird, Inc. - Account Mismanagement $400,000 Award

In April 2005 an NASD Arbitration panel in Tampa, FL ordered Baird to pay Ms. Desrosiers compensatory damages of $400,000 plus interest. Dr. O'Neal testified that the risk of the portfolio was inappropriate for Ms. Desrosiers and that Baird disregarded its own published materials on the importance of asset allocation and understanding risk.

Salomon Smith Barney Exercise & Hold Case - $2.5 Million Award

In March 2005, an NASD arbitration panel in Washington, DC awarded a Claimant $2.5 Million including $500,000 in punitive damages arising out of claims against Salomon Smith Barney over the exercise of non-qualified employee stock options by a former MCI Worldcom employee.

Cox v Bush - $630,000 Asset Allocation Award

In January 2005, an NASD arbitration panel in Washington, DC ordered J. Bush & Co. to pay Claimants $630,000 in damages. Claimant alleged J. Bush & Co. invested their retirement assets in an unsuitably risky manner. Dr. McCann testified on behalf of the Claimants.

Salomon Smith Barney, Spartis & Elias Exercise & Hold Case - $448,000 Award

In January 2005, an NASD arbitration panel in Lexington, KY awarded a Claimant $448,000 arising out of claims against Salomon Smith Barney, Philip Spartis and Amy Elias over the exercise of non-qualified employee stock options by a Worldcom employee.

Brush et al v Merrill Lynch - $1.1 Million 72(t) Award

In December 2004, an NASD arbitration panel in Indianapolis, IN ordered Merrill Lynch to pay $1.1 Million including $450,000 in punitive damages to a group of Claimants in a 72(t) case. The panel found that Merrill Lynch failed to properly train and supervise their brokers and provided brokers with deceptive tools to use when advising clients whether to retire and how aggressive their retirement portfolios should be. Dr. McCann testified on behalf of the Claimants.

Rooney v Wachovia Securities, LLC - Fraud, Breach of Fiduciary Duty $567,000 Award

In November 2004 an NASD Arbitration panel in Los Angeles, CA ordered Wachovia to pay Mr. and Mrs. Rooney compensatory damages of $189,000, and an additional $378,000 in punitive damages. Dr. O'Neal testified on the use of inappropriate mutual fund share classes and on costly switching among various mutual funds that showed nearly identical return patterns.

Berry et al v Merrill Lynch - $752,000 72(t) Award

In September 2004, an NASD arbitration panel in Indianapolis, IN ordered Merrill Lynch to pay $752,000 including $191,000 in punitive damages to a group of Claimants in a 72(t) case. The Claimants alleged that Merrill Lynch failed to properly train and supervise their brokers and provided brokers with deceptive tools to use when advising clients whether to retire and how aggressive their retirement portfolios should be. Dr. McCann testified on behalf of the Claimants.

Hatch v H&R Block Financial Advisors - $507,937 Churning Award

In September 2004, an NASD arbitration panel in Southfield, MI ordered H&R Block Financial Advisors to pay the Claimant $507,937 in compensatory damages and costs. Dr. McCann testified on behalf of the Claimant that the Claimant's securities portfolio was churned and estimated damages.

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