At Rosca Scarlato, we recognize that navigating the complexities of the state and federal securities laws and seeking compensation for investment-related losses can be a daunting task. To assist you, we’ve compiled answers to some of the most frequently asked questions we get. Note that this is not legal advice and we’re not entering into an attorney-client relationship with any reader by posting these FAQs, which are general and for educational purposes only. We can only enter into an attorney-client relationship with an investor after we communicate directly with that investor, learn of their factual situation, evaluate their legal issues, and determine that we can represent them in a case.
Feel free to contact us with any questions about your particular situation.
General Questions
Having legal representation is beneficial for navigating investment-related disputes’ complexities, although it’s not a requirement.
Our team has extensive, multi-decade experience working with individual and institutional investors, investment professionals, and family offices for ultra-high net worth investors, and has handled a broad variety of cases across the country, ranging from arbitrations to class actions under state and/or federal securities laws. Members of our team have past experience in the financial industry and have thus gained extensive familiarity with the compliance rules and regulations applicable in the industry. Review our Representative Cases and explore our Practice Areas and Investment Products pages for more details.
We evaluate each case on its merits, focusing on the details and background of the investment process, the various parties’ conduct, and applicable laws, among others. Given that we typically work on a contingent fee basis and only get paid if and when we are successful, we typically conduct an extensive evaluation of the facts and applicable law prior to taking on a new matter. All case evaluations are free.
We handle a broad variety of claims related to investment-related misconduct, including instances of unsuitable investments, negligent due diligence as to particular investments, account mismanagement such as churning, excessive risk, excessive fees, or overconcentration, investment fraud, misrepresentations, and Ponzi schemes, and cryptocurrency related fraud. We have extensive experience with investment products ranging from REITs and other real estate to oil-and-gas, private partnerships, complex (structured) investment products, promissory notes, and many other types of private investments. Visit our Practice Areas for more information.
The process typically involves investigating your claim, gathering evidence, filing a lawsuit or arbitration claim, discovery, settlement negotiations, and, if needed, trial proceedings or an evidentiary hearing. An overview of potential legal avenues for recovery of investment losses can be accessed here: [How to recover investment losses]
Case duration could vary greatly, from several months to several years, depending on complexity of the case and various legal and procedural issues. Contact us for a free consultation to evaluate your specific case.
Fees and Costs
We typically work on a contingency fee basis, meaning we advance the case expenses, do not ask for any money down, and only receive payment for our fees and the case expenses we advanced if and when we are successful (in a handful of jurisdictions, the client must remain ultimately responsible for case expenses). Our fees are typically a percentage of the recovered compensation and are only charged if we are successful , through settlement or trial.
Typically, there are no upfront costs, as the firm advances case expenses, which are then reimbursed from any recovery we obtain (in a few states, the rules require that the client must remain ultimately responsible for case expenses).
In unsuccessful cases, we do not charge fees or expenses. Note that in a small number of jurisdictions (states) in the country, the client is required to be ultimately responsible for case expenses.
Documentation and Representation
While it is case specific, relevant documentation typically includes proof of investment, account statements, various other investment-related documents such as prospectuses, private placement memoranda, or subscription agreements, communications with various parties related to the investment(s) at issue, and other related records.
Yes, we have represented clients in over 60 countries and are experienced in international disputes.
Clients are kept informed with updates through their preferred communication method.
To evaluate an investor’s specific legal situation and options, we need to talk to that investor and learn more about his or her factual situation. Please contact us for a free, no-obligation discussion about your options.
Contact info:
Rosca Scarlato LLC – 216-946-7070 / 888-998-0530.
Alan Rosca – arosca@rscounsel.law
Paul Scarlato – pscarlato@rscounsel.law
