attorney Profiles: Brian Neville

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Brian Neville, a founding partner of LAX & NEVILLE, LLP, has significant experience in broker/dealer, securities, regulatory defense and employment litigation in arbitration forums, and state and federal court. He has arbitrated cases in at least 17 states and been lead counsel on well over five hundred such matters.
Mr. Neville has recently been featured and quoted in Registered Rep and On Wall Street magazines for his expertise and experience on broker recruiting issues and expunging broker’s publically disclosed records.
In private practice since 2000, Mr. Neville has represented customers and broker dealers in disputes regarding sales practice issues, employment disputes and represented both firms and registered representatives in front of the NASD, NYSE and the SEC. On behalf of customers he has recovered in excess of $10,000,000. On behalf of his defense clients, he has successfully defended and resolved numerous cases.

From 1996 through 2000, Mr. Neville was Associate General Counsel of Josephthal & Co. where he gained extensive experience in handling hundreds of NASD and NYSE arbitration cases. He exclusively settled and mediated hundreds of cases and litigated dozens to arbitration hearings and award. Arbitrations included full range of customer complaints, such as misrepresentation, unsuitability, churning, and fraud, to more unique claims, such as, successor-in-interest claims, negligent hiring, and market manipulation. Mr. Neville represented Josephthal in broker disputes, such as, wrongful termination, U-5 defamation, breach of contract, enforcement of promissory notes, and a raiding claim against a major regional brokerage firm. Mr. Neville represented Josephthal and its brokers before state securities divisions, NASD and NYSE regulatory inquiries.

Mr. Neville represented Josephthal before the EEOC and state equivalents on Title VII, ADA, and ADEA claims as co-counsel with outside counsel. He reviewed and implemented new Title VII policies for firm as the law has changed, as well as developed new private arbitration agreements as the industries’ arbitration agreements were withdrawn. He revised the Josephthal’s employee policies to reflect changes in employment laws and the securities industry’s handling of employment issues. He investigated employee harassment complaints in conformity with internal guidelines that he helped develop, implement recommendations made to management based on these investigations. He worked with outside counsel to develop new employment contracts/non-compete agreements for brokers in an effort to retain the Josephthal’s accounts and other assets.

From 1994 through 1996, Mr. Neville was employed at Prudential Securities. Mr. Neville represented Prudential in arbitrations established pursuant to the settlement reached by Prudential with the Securities and Exchange Commission in an administrative proceeding brought in the U.S. District Court for the District of Columbia, 93 Civ. 2164 (HHG). He reviewed, analyzed and evaluated claims submitted by clients who purchased limited partnerships for suitability of the investment and for alleged misrepresentation by the broker.

Mr. Neville is an arbitrator and designated Chairperson for FINRA Dispute Resolution. He is a member of the New York County Lawyers' Association, the Association of the Bar of the City New York, and is admitted to practice in the States of New York and New Jersey, the United States District Court of New Jersey, and the Southern and Eastern Districts of New York.