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Lax and Neville LLP Wins FINRA Award of Over $500,000 in Damages and Attorneys’ Fees Against Burnham Securities, Inc. and David Gilio, an Investment Banker

On December 28, 2016, Lax & Neville LLP, a leading national securities arbitration law firm, won a FINRA arbitration award on behalf of Anthony F. Garvin, a former investment banker at Burnham Securities, Inc.  The investment banker had brought claims for breach of contract, violation of the New York Labor Law, conversion, unjust enrichment, and quantum meruit against Burnham Securities, Inc. and David S. Gilio, a former investment banker at Burnham in connection with an investment banking fee.  Garvin and Gilio, with Burnham’s approval, agreed to collaborate on investment banking deals, and to share the commission for all deals that originated from their joint efforts, depending upon who sourced the respective deal.  When one deal closed, Garvin was not paid the full investment banking fee due to him.

A FINRA arbitration panel found Burnham and Gilio jointly and severally liable and ordered them to pay Garvin more than half a million dollars, including the full amount of compensatory damages he requested in the amount of $348,125 plus interest at the rate of 9% per annum from December 15, 2016 until the award is paid in full, pre-award interest in the amount of $121,352, costs totaling $5,721, and attorneys’ fees in the amount of $90,000.  “The Panel awarded attorneys’ fees as all parties requested attorneys’ fees.”  See Award.

Lax & Neville LLP has extensive experience representing investment bankers and financial services professionals in compensation disputes.   To discuss this arbitration award, please contact Barry R. Lax or Sandra P. Lahens, Esq., at (212) 696-1999.

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