Attorneys From Business For Business
Business Knowledge, Legal Know-How

As Dallas Securities Attorneys with years of experience in the corporate world, we at Hulse ♦ Kaiser, PLLC have spent the past nine years building the Firm’s reputation for consistently aggressive and effective Stockbroker Negligence litigation.

We are experienced in a broad range of brokerage firm litigation issues, including:

• Stockbroker negligence
• Variable annuities
• Unsuitable investments
• NASD AND NYSE arbitrations
• Mutual Fund losses
• Investment over-concentration

In a very real sense, when you place your investments with a brokerage firm you place your future, and that of your family, in their hands. You depend on the firm and on their advice to keep your investment portfolio safe and growing. When a stockbroker is reckless with their investments, or simply incompetent to do what they were hired to do, the impact is often catastrophic upon the client and on the client’s family.

The Dallas Securities Attorneys of our Firm utilize today’s technology to provide clients with a competitive advantage. We value pricing for our clients – our goal is to meet your needs, not create billable hours.
We work hard to provide:

• Opportunity, Solutions, Peace of Mind
• Attorneys For Business
• Respect for Clients
• Advocacy with Backbone
• Today’s Technology For Your Advantage

We routinely represent clients concerning securities matters from the San Antonio, Texas area and throughout the Dallas/Las Colinas region including the cities of Irving, Denton, Plano, Arlington and Ft. Worth.

If you or someone you know in Dallas or surrounding areas needs the assistance of an experienced Texas Securities Attorney, please call Hulse ♦ Kaiser, PLLC today at 866-748-9652, or complete the contact form provided on this site to schedule your initial consultation
 

Attorneys with Hulse ♦ Kaiser, PLLC are licensed by the Supreme Court of Texas. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The lawyers listed as members of our firm are not certified by the Texas Board of Legal Specialization unless otherwise noted

Practice Areas and Legal Definitions

Stockbroker Negligence:
All stockbrokers and other investment professionals have a legal duty to exercise due care in dealing with the investors they serve. The nature and extent of the duty is based upon state and federal securities laws, on the self-regulatory rules adopted by the National Association of Securities Dealers (NASD) and the New York Stock Exchange (NYSE), and upon the level of competence usually and customarily maintained by stockbrokers in general. When a broker harms an investor by failing to meet that standard of care, the investor may decide to make a claim against the broker and the brokerage firm employing him or her for professional negligence.

Stockbroker negligence covers a wide range of activities, including:

• Failure to study a stock sufficiently to be able to make competent recommendations to the customer concerning it.
• Failure to inform the customer of known risks associated with the purchase and sale of a particular security.
• Failure to disclose or the misrepresentation of any fact material to a particular transaction.
• Engaging in speculative trading on the customer’s account.
• Failing to properly diversify the customer’s account.
• Failing to subordinate their own financial interests to those of the customer.

Variable Annuities Issues:
A variable annuity is a tax-deferred investment which includes an insurance policy designed to protect the investor from a loss of capital. Although vastly popular, variable annuities are known in financial circles for high fees and for significantly higher taxes than other investments. Except for the tiny fraction of the population for whom variable annuities may actually be a suitable investment, there are other forms of investment that typically produce a high yield at a much lower cost. Many stock market observers, noting the significantly higher sales commission on variable annuities than on other investment vehicles, suggest that the unusual popularity of this form of investment is that unscrupulous brokers are aggressively marketing them, often to the detriment of their clients.

Unsuitable Investment Issues:
Stock brokers have a legal duty to make only those investment recommendations that are consistent with the customer's risk tolerance, needs and investment objectives. An investment may be unsuitable if:

• The client does not have the financial ability to incur the risk associated with a particular investment.
• The investment is not in line with the client's financial needs.
• The client does not know or understand the risks associated with a particular investment.
• When a stockbroker breaches these duties, both the individual stockbroker and the securities brokerage firm employing the stockbroker are responsible for stockbroker negligence.

NASD and NYSE Arbitrations:
Although most business in the securities industry is completed without problems, disputes and controversies occasionally arise. For more than 125 years, the NYSE has used arbitration to resolve disputes between investors and brokers and the NASD operates the largest conflict resolution forum in the securities industry to assist in the resolution of monetary and business disputes between and among investors, securities firms and individual registered representatives. As an alternative to court litigation, arbitration enables a dispute to be resolved quickly and fairly by impartial arbitrators, who are knowledgeable and trained in the art of resolving controversy. In the case of NYSE and NASD dispute resolution, the arbitrators are also well-versed in all aspects of the brokerage business. When a customer chooses arbitration to resolve the dispute, however, this involves a waiver of the right to pursue the matter in court. Arbitration is final and binding.

Mutual Fund Losses:
A mutual fund is a form of collective investment that pools money from many investors and invests the money in stocks, bonds, short-term money-market instruments and/or other securities. Most mutual funds' investment portfolios are continually adjusted under the supervision of a professional manager, who forecasts the future performance of investments appropriate for the fund and chooses the ones which he or she believes will most closely match the fund's stated investment objective. A mutual fund is administered through a parent management company, which may hire or fire fund managers. The problem arises when a particular fund manager starts choosing investment securities for the fund not for reasons advantageous to the fund, but for reasons advantageous to the fund manager.

Investment Over-Concentration Issues:
One of the most important rules of investing is diversification. If a broker concentrates a customer’s portfolio in any individual investment or type of investment, then the risk of losses with that portfolio is dramatically increased. It's the old adage that it is unwise to place all of your "investment" eggs in one basket. A broker who does not diversify his client's portfolio is potentially liable should that investment decline in value.

Attorney Profiles

A law firm of former business professionals who are now attorneys for business, Hulse ♦ Kaiser, PLLC is a common-sense law firm utilizing today's technology for your competitive advantage. The Firm utilizes value-pricing for its clients with the goal of meeting clients needs, not creating billable hours.

Attorney Jay R. Stucki

Admitted

• Texas, 1997
• Florida, 2007
• U.S. Virgin Islands, 2008
• U.S. Court of Appeals for the Fifth Circuit
• U.S. District Court, Northern District of Texas
• U.S. District Court, Eastern District of Texas
• U.S. District Court, Southern District of Texas>
• U.S. District Court, Western District of Texas
• U.S. District Court, Western District of Oklahoma

Memberships

• Tarrant County Bar Association
• Denton County Bar Association
• Dallas Bar Association, Business Litigation Section
• American Bar Association, Business Law Section
• Accredited Airport Executive (A.A.E.)

Education

• Oklahoma City University School of Law, J.D., 1996
• University of Texas, Odessa, M.B.A., 1985
• University of Albuquerque, B.A., 1982

Biography

• Born:  Salt Lake City, Utah, 1960
• Chief Financial Officer and General Counsel, American Health Choice, Inc., (Nasdaq SmallCap) 1996–1999
• Director of Aviation and Deputy, Jacksonville Port Authority, Florida, 1990–1994
• Director, Worcester Airport, 1986–1990
• Operations Supervisor, Midland, Texas, 1983–1986

Attorney Stan O. Hulse

Admitted

• Texas, 1997
• U.S. District Court, Western District of Texas, 2003

Military

• Commissioned Officer, U.S. Army Chemical Corp
• Honor Graduate, U.S. Army Sibert Chemical Warfare School

Education

• Oklahoma City University School of Law, J.D., 1997
• University of Nevada, B.S., 1989

Attorney Ellen Cook Sacco

Admitted

• Texas, 2001
• Indiana, 2000
• U.S. District Court, Northern District of Texas
• U.S. District Court, Eastern District of Texas
• U.S. District Court, Western District of Texas
• U.S. District Court, Southern District of Indiana
• U.S. Court of Appeals for the Fifth Circuit

Memberships

• Texas Young Lawyers Association
• Tarrant County Bar Association

Education

• University of Notre Dame Law School, J.D., 2000
• Texas A&M University, B.A., 1997

Biography

• Over a decade of litigation experience, including 2003-present at Hulse ♦ Stucki
• Attorney, Liberty Mutual Insurance Company, 2001–2003
• Attorney, Indiana Attorney General’s Office, 2000

Attorney Donald M. Kaiser, Jr.

Admitted

• Texas, 2000
• U.S. District Court, Northern District of Texas
• U.S. District Court, Eastern District of Texas
• U.S. District Court, Southern District of Texas
• U.S. Court of Appeals for the Fifth Circuit

Education

• University of Dayton School of Law, J.D., 1999
• Washburn University, B.A., 1996

Attorney Lisa M. Lopez

Admitted

• 2010, Texas

Education

• Southern Methodist University Dedman School of Law, J.D., 2010
• Southern Methodist University, B.A., 2005

Community Service

• Watermark Community Church
• Junior League of Dallas