Ms. Portera specializes primarily in the defense of brokerage firms and financial institutions against claims asserted by customers in state and federal court and in arbitration proceedings throughout the Southeast. Representative Clients: Merrill Lynch UBS Financial Services Morgan Stanley Raymond James Sterne, Agee & Leach Inc. NBC Securities Morgan Keegan A.G. Edwards Representative Cases: Successful defense of securities firm in NASD arbitration claiming research fraud wherein the Claimant sought damages in excess of $6 million. Obtained dismissal of multi-million dollar arbitration claim against brokerage firm prior to hearing. Successful in having class action against securities firm removed and dismissed under SLUSA. Successful in defending several motions to vacate arbitration awards before state and federal courts. Significant Reported Decisions: Behlen v. Merrill Lynch, Pierce, Fenner & Smith Inc., 311 F. 3d 1087 (11th Cir. 2002) (affirming dismissal of class action complaint relating to sales of Class B mutual funds under SLUSA). Rueter v. Merrill Lynch, Pierce, Fenner & Smith Inc., 2006 WL 2085240 (N.D. Ala. July 18, 2006) )(denying investors' motion to vacate arbitration award, rejecting well-managed portfolio theory of damages, and awarding sanctions to brokerage firm). Anderson, et al. v. H&R Block, Inc., et al., 132 F. Supp. 2d 948 (M.D. Ala. 2000) (denying motion to remand based on National Bank Act preemption); reversed 287 F.3d 1038 (11th Cir. 2002); cert. granted 539 U.S. 913 (2003) and remanded based on decision of United States Supreme Court in a companion case, Beneficial National Bank v. Anderson, 539 U.S. 1 (2003) (reversing the 11th Circuit and affirming the denial of the motion to remand based on National Bank Act preemption). Prior To Maynard Cooper: Ms. Portera worked in New York, NY, first as an associate at Brown & Wood, LLP, and then as in-house legal counsel for J & W Seligman & Co., Incorporated. |