Adam J. Gana

Adam J. Gana heads the Securities and Commercial Litigation Department of the firm. His practice focuses on complex business litigation, securities cases in various forums, whistle blower complaints and employment litigation in the securities context. An experienced arbitration and trial lawyer, Mr. Gana’s practice includes litigation in both State and Federal Courts as well as in various alternative dispute resolution venues. He has tried more than fifteen cases and arbitrations to verdict before the AAA, JAMS, NFA and FINRA.

Mr. Gana’s recent civil cases and arbitrations have involved RICO Fraud, securities class actions, allegations relating to unsuitable investment strategies, and breach of contract. His clients range from individuals to large institutional banks.

While at the firm, Mr. Gana was named to the New York Super Lawyers,Rising Stars edition as one of the top attorneys in the state of New York has been Martindale - Hubbell™ AV® Preeminent™ Peer Review Rated.

Recent Cases of Note

Client v. McGinn Smith & Co.: We represented a retail customer of a registered broker-dealer in a fraud and self-dealing case. Following a three-day arbitration in Lake Mary, Florida, a panel of three arbitrators found McGinn Smith guilty of self-dealing an awarded our client his full out of pocket losses.

Client v. Financial Institution: In a securities related arbitration, we secured an award on behalf of a retired widow who lost most of her entire life savings.

Secured $2.5 million settlement against an investment advisor firm for breach of their fiduciary duties to their clients. Plaintiff alleged that the firm engaged in self-dealing by making investment recommendations to the client in which the firm maintained a financial interest. For one such recommendation, the advisor contracted with the issuer to raise a specific sum of money from its advisory clients and received fees for its services while failing to disclose this arrangement to the firm’s clients.

Obtained a $1.3 million settlement on behalf of small family of clients for the unlicensed sale of securities.

Awards and Honors

• Martindale - Hubbell™ AV® Preeminent™ Peer Review Rated
• New York Super Lawyer, Rising Stars, Securities Litigation and Alternative Dispute Resolution, 2011 & 2012
• American Registry, Rising Star 2011, Securities Litigation
• New York Law School Law Review, Associate editor
• Dr. Max Reich Award for Excellence in Trial Advocacy
• New York Law School Public Certificate Award
• Justice John Marshall Harlan Merit Scholarship, Recipient
• Golden Key National Honor Society
• Psi Chi National Honor Society
• Towson National Debate Tournament, Finalist
• 2012 Top 40 Under 40 in the state of New York by the National Trial Lawyers

Professional Affiliations

• Public Investor Arbitration Bar Association, Member
• American Bar Association, Litigation Division, Member
• American Bar Association, Alternative/Securities Dispute Resolution Committee, Member

Speaking Engagements

• "How to Arbitrate a Product Specific Suitability Case," 2011 Annual Public Investors Arbitration Bar Association (PIABA) Meeting and Securities Law Seminar
• “Subprime Mortgage Crisis,” New York Law School, 2010
• “Running a Successful Practice in New York” New York Law School, 2010 & 2011
• Investor Rights Clinic & Seminar, Pace Law School, Guest Lecturer, 2011

Publications

• The Inconsistent Dispute Resolution Process for Investment Advisers, ABA Newsletter, March 2013
• Broker-Deal Licensing: Understanding the Role and Limitations of the Series 6 License, Westlaw Journal, Securities Litigation and Regulation, Volume 17, Issue 7 (August 9, 2011), also available in the PIABA Law Journal.
• The Tax Consequences of Investment Recommendations and Communications- Do Brokers Have a Duty?, Practicing Law Institute, Securities Arbitration, 2011
• Quoted in various publications including the Reuters, the Wall Street Journal, and the New York Times.

Pro Bono

Mr. Gana has been committed to various pro bono matters throughout his career. He has dedicated hundreds of hours to inMotion, Inc. an organization designed to help women that have been abused by domestic violence. In addition, Mr. Gana represented a death row inmate throughout his appeal. Mr. Gana also taught rhetoric and debate to high school students.