Broker-Dealer Attorneys

Lehman & Eilen provides broker-dealers with comprehensive legal representation on regulatory and compliance matters involving federal securities laws, state “Blue Sky” laws, and rules of FINRA and other self-regulatory organizations (SROs). Our advice includes entity formation and registration, day-to-day operations and compliance, strategic planning, regulatory inquiries and enforcement proceedings. We have represented hundreds of broker-dealers, executives and other associated  professionals. Our attorneys’ broad experience and knowledge enables them to efficiently navigate the complex, ever-changing regulatory landscape.

Clients include firms that engage in retail and institutional brokerage (introducing, executing and/or clearing), investment banking, private placements, proprietary trading, market making and high-frequency trading. We represent clients located throughout the U.S. and from around the world, including places as diverse as Australia, Bahrain, Brazil, China, France, Germany, Hong Kong, Iceland, Ireland, Malaysia, Norway, Russia, South Africa and the United Kingdom.

We frequently serve as special regulatory counsel, assisting other and larger law firms, with our in-depth working knowledge of the various issues confronting broker-dealers.

Among the wide array of services we provide are the following:

  • Form broker-dealer firms, including corporations, limited liability companies and partnerships
  • Prepare New Membership Applications ("NMAs") and supporting documentation to obtain FINRA membership
  • Prepare FINRA Continuing Membership Applications ("CMAs") for changes in ownership or business activities
  • Prepare NMAs and/or CMAs to become a Capital Acquisition Broker, a limited FINRA registration category
  • Prepare and file SEC and state broker-dealer registrations and amendments
  • Advise on Forms U4 and U5 and other employee-related matters
  • Represent parties in mergers, acquisitions and purchases and sales of broker-dealers
  • Prepare Written Supervisory Procedures (WSPs), Anti-Money Laundering (AML) Procedures, Business Continuity Plans, and other core documents, customized for a client’s particular business activities
  • Advise on sales practices, suitability, and other day-to-day operational matters
  • Prepare clients for, and advise clients during, FINRA, SEC and state regulatory examinations
  • Represent firms and individuals in regulatory and SRO inquiries and enforcement proceedings
  • Advise on and prepare SEC and “blue sky” filings for private placements and public offerings
  • Prepare private placement memoranda and related offering materials for capital raises
  • Advise on soft-dollar and directed brokerage arrangements
  • Advise on net capital (Rule 15c3-1) and customer protection (Rule 15c3-3) issues
  • Advise on clearing, account settlement, order-routing and execution agreements, as well as lending concerns
  • Review and negotiate clearing agreements 
  • Review, draft and negotiate employment, consulting, vendor and other agreements
  • Represent clients in obtaining securities exchange memberships
  • Advise on sales and trading issues, including Reg M, Reg SHO, Rule 105, Rule 144 and Best Execution
  • Represent firms and individuals in litigation and arbitration
  • Assist clients with Annual Compliance Meetings and Continuing Education requirements

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50 Charles Lindbergh Blvd, Suite 505, Uniondale, NY 11553
| Phone: (516) 222-0888

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