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Recover Investment Losses Sustained in Coronavirus (COVID-19) Pandemic

If you have lost money in the stock market due to fraud, misrepresentation, negligence, or for other reasons, we can help you. We have successfully recovered over $250 million in FINRA securities arbitrations.*

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Updated on: April 16, 2020

Since February 21, 2020, the stock market indexes have all been suffering from staggering losses and volatility seen only few times before. Investors have suffered losses across their portfolios with certain sectors affected worse than others. The cause:  novel coronavirus (“COVID-19”). However, full-service brokerage firms may still be liable for your losses.

The securities industry is governed by rules and regulations to protect investors during historic periods of economic volatility, economic turmoil, and from external shocks, such as COVID-19. COVID-19 currently has no vaccine and has created a global health pandemic. As a result of the COVID-19 pandemic, the U.S. economy has suffered its largest decline in economic activity, including record jobless claims and declines in economic output during the month of March 2020.

Why Would Investors have a Claim to Recover Investment Losses suffered during COVID-19 Pandemic? 

The securities industry established the self-regulated organization known as the Financial Industry Regulatory Authority (“FINRA”), which is a dispute resolution process designed to protect investors against brokerage firms and their financial advisors during periods of economic upheaval from sales practice violations which resulted in investment losses.

What Types of Sales Practice Violations can be attributed to Investment Losses sustained during COVID-19 Pandemic?

Failure of full-service brokerage firms and their financial advisors to comply with FINRA sales practice rules and regulations may result in a legal cause of action for the recovery of investment losses. Brokerage firm and financial advisor misconduct can be classified according to various types of activities, which may result in a legal cause of action against the brokerage firm.

KlaymanToskes Can Help Recover Investment Losses

KlaymanToskes has been dedicated to the protection of investor rights for decades, from the Tech Bubble in 2000 to the Mortgage Crisis in 2008. Now, we can help you recover investment losses during the COVID-19 pandemic. KlaymanToskes is investigating specific types of sales practice violations which resulted in investment losses suffered during the COVID-19 pandemic that are related to the following types of misconduct:

  • Unsuitable Allocation of Portfolio Assets
  • Excessive Use of Portfolio Margin 

Unsuitable Portfolio Allocation Advice During COVID-19 Pandemic

According to securities industry rules and regulations, brokerage firms and financial advisors must only recommend investments that are consistent with an investor’s investment objectives, risk tolerance, and investment time horizon. These conditions must be determined considering market conditions, including the COVID-19 pandemic. Given the unique goals and needs of each individual investor, a suitable investment recommendation would depend on many investor characteristics, including age, retirement status, risk tolerance, time horizon, and sources of income.

Why Would Investors have a Claim to Recover Investment Losses from Unsuitable Investment Advice during COVID-19 Pandemic?

Each customer should have his or her own specific determination of suitability based on his or her individual circumstances. For these reasons, the securities industry established the “know your customer” rule to govern investment recommendations. The FINRA “know-your-customer” rule begins with the opening of the customer account and requires gathering, through “reasonable due diligence,” all the “essential facts” concerning every customer of the brokerage firm. This information must also be periodically updated as it changes.

What Factors Are Considered in a Claim for Damages from Unsuitable Investment Advice to Recover Investment Losses sustained during COVID-19 Pandemic?

FINRA established a “suitability” rule which requires brokerage firms and their financial advisors to have a “reasonable basis” for recommending investments or investment strategies, based on a customer’s investment profile. The rule requires the financial advisor to conduct a “reasonable diligence” to answer basic questions about who the client is as an investor. The brokerage firm and financial advisor are charged to gather all necessary information to formulate the basis for recommendations. These recommendations are based on the investor risk tolerance, investment profile, and the information gathered from the “know your customer,” such as:

  • age;
  • retirement status;
  • investment objectives and risk tolerance;
  • investment time horizon and tax status;
  • sources of income; and
  • any other information disclosed by a customer in connection with recommendation.
KlaymanToskes Can Help Recover Investment Losses due to Unsuitable Recommendations

KlaymanToskes is investigating specific types of unsuitable recommendations relating to portfolio allocations which resulted in investment losses suffered during the COVID-19 pandemic:

  • unsuitable allocation between stocks, bonds and cash;
  • unsuitable recommendations in MLPs invested in Oil and Gas pipelines;
  • unsuitable recommendations in Real Estate Investment Trusts (REITs);
  • unsuitable recommendations in Market-Linked Notes;
  • unsuitable recommendations in Leveraged Closed-End Funds;
  • unsuitable recommendations in Non-Traded Securities and Private Placements.

Excessive Use of Portfolio Margin During COVID-19 Pandemic

According to securities industry rules and regulations, brokerage firms and financial advisors must make full disclosure of all risks related to the use of margin with an investment portfolio. This is especially important considering fluctuating market conditions, including COVID-19. The level of margin abuse in a portfolio requires an assessment of risks that are a function of various factors, including costs ratios, increased volatility, assets to meet margin calls, and the intended use of the borrowed funds.

Margin abuse can result from excessive use of margin loans or the failure to utilize risk management strategies to protect account collateral. Margin calls can wipe out an investor’s brokerage account equity in a short period of time. The use of margin exposes investors to greater risk and costs. Margin interest increases the breakeven rate of return required for a particular investment strategy. A higher required rate of return may result in a change to a riskier investment strategy that is unsuitable for the investor. Often, the greater return and its corresponding risks are not disclosed to investors. This fact must be weighed carefully with an investor’s risk profile and disclosed by brokerage firms and their financial advisors.

Why Would Investors have a Claim to Recover Investment Losses from Excessive Use of Portfolio Margin during COVID-19 Pandemic?

Many brokerage firms provide financial incentives to financial advisors who recommend the use of margin because the lending activities represent a substantial source of revenue for the firm. Margin loans are fully collateralized with no chance of default because of the protections provided to the brokerage firms in the margin agreements. For these profits, financial incentives are given to financial advisors whose clients’ accounts contain margin loans. These financial incentives include greater commissions because a margin loan increases the amount of assets the financial advisor can manage.

Nonetheless, in the pursuit of profits, brokerage firms and their financial advisors are required to follow securities industry rules and regulations to make full disclosure of all relevant costs and risks associated with the use of margin within a portfolio. Failure to fully disclose these risks supports a claim for damages for losses incurred during the COVID-19 pandemic. The required disclosures include that:

  • investors can lose more money than their initial investment;
  • investors may have to deposit additional cash or securities in their account to meet margin calls;
  • investors may be forced to sell some or all the securities positions in the brokerage account to meet margin calls; and
  • brokerage firms may sell any security positions without consulting investors to meet margin calls.
What Factors Are Considered in a Claim for Damages from the Excessive Use of Portfolio Margin to Recover Investment Losses sustained during the COVID-19 Pandemic? 

Margin abuse can result from excessive use of margin loans or the failure to utilize risk management strategies to protect account collateral. Margin calls can wipe out an investor’s brokerage account equity in a short period of time. The use of margin exposes investors to greater risk and costs. Margin interest increases the breakeven rate of return required for a particular investment strategy. A brokerage account cost ratio measures breakeven rate of return for the account to cover all costs, including commissions and margin interest. When margin is used, the required net rate of return needed to breakeven increases to pay interest charges. The higher required rate of return may result in a change to a riskier investment strategy that is unsuitable for the investor. This greater return and its corresponding risk are many times not disclosed to investors. This fact must be weighed carefully and disclosed by brokerage firms and their financial advisors. Some brokerage firms and financial advisors recommend the use of margin to diversify an account. However, the use of margin or other loans in many situations is considered unsuitable investment advice.

KlaymanToskes Can Help Recover Investment Losses due to Margin Abuse

KlaymanToskes is investigating whether the excessive use of margin within a portfolio resulted in investment losses suffered during the COVID-19 pandemic. The following case facts can support a claim for damages:

  • use of margin to fund personal consumption;
  • cumulative interest costs increased over time;
  • purchase of securities on margin;
  • insufficient assets to meet margin calls;
  • excessive margin balance resulting in margin calls; and
  • forced sale of securities during market declines.

Concentration in a Single Stock or Sector During COVID-19 Pandemic

Securities industry standards of care dictate the need to avoid securities concentration in a single asset, asset class, or investment product as a foundation for what is considered suitable for investors. The reason for this financial rule of thumb is that investors are not compensated for taking this risk. Securities concentration exists to the extent that any portion of a portfolio’s holdings exceeds 10% of the portfolio’s value in a single stock or sector.

Why Would Investors have a Claim to Recover Investment Losses from Securities Concentration during COVID-19 Pandemic?

According to FINRA, brokerage firms and financial advisors are required to disclose the risks associated with a particular investment or investment strategy. A financial advisor should consider the total composition of securities held in an investment portfolio. Failure to recommend a strategy to manage the risks associated with securities concentration can be considered financial advisor negligence for providing unsuitable investment advice or the failure to recommend risk management strategies for a concentrated position. An investor might be unwilling or unable to establish a diversified portfolio which results in exposure to the risks of securities concentration. Investors portfolios may be concentrated as the result of one or more of the following reasons:

  • Financial Advisor Recommended Securities Concentration;
  • Inherited Legacy Stock;
  • Employee Stock Ownership Plan Participant;
  • Founding Member of Publicly Traded Company;
  • Restricted Stock Rule 144 Stock;
  • Corporate Lock-Up Agreement;
  • Closely-held Stock Acquired through Merger or Acquisition; and
  • Low Cost Basis with Substantial Capital Gains.
What Factors Are Considered in a Claim for Damages from Securities Concentration in a Single Stock or Sector to Recover Investment Losses sustained during COVID-19 Pandemic?

Securities concentration in stocks might be caused by a financial advisor’s recommendation, an employer restriction on sale, tax avoidance, and psychological and emotional attachment to the company stock. No matter what the reason for maintaining a concentrated stock position in a single stock or sector, brokerage firms and their financial advisors must recommend suitable risk management strategies to protect the value of any concentrated stock position held in a financial brokerage account. Full-service brokerage firms that do not recommend a fully diversified portfolio to an investor, that results in concentration in a single stock or sector, may be liable to the investor for investment losses through securities arbitration. In some instances, financial advisors might recommend risk management strategies such as complex hedging strategies to reduce the risk of a concentrated stock position. In addition, a brokerage firm may be liable when it fails to supervise its financial advisors who fail to properly implement the strategy. The brokerage firm may be held accountable for the financial advisor’s negligence.

KlaymanToskes Can Help Recover Investment Losses for Concentration in a Single Stock or Sector

KlaymanToskes is investigating whether the securities concentration in a single stock or sector resulted in investment losses suffered during the COVID-19 pandemic. The following case facts can support a claim for damages:

  • percentage concentration in stock or sector;
  • ability to hedge concentrated position;
  • investment objective and risk tolerance;
  • tax ramifications; and
  • client sophistication.

For more information relating to recovering investment losses, visit us at www.klaymantoskes.com, or call our Attorneys at (561) 542-5131.