This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Securities
Securities Fraud
Breach of Fiduciary Duty

Theodore Zimbelman v. Kyle Patrick Harrington, National Securities Corporation

Published: Feb. 4, 2017 | Result Date: Dec. 1, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 15-02368 Arbitration –  $105,000

Court

FINRA


Attorneys

Claimant

Charles H. Field Jr.
(Sanford Heisler Sharp LLP)


Respondent

David A. Schrader

Elizabeth A. Lowery
(Freeman, Mathis & Gary LLP)


Facts

Theodore Zimbelman filed a claim against Kyle Harrington and National Securities Corp. in connection with his penny stock investment in Islet Sciences Inc.

Contentions

CLAIMANT'S CONTENTIONS:
Claimant asserted causes of action for violation of Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5, common law fraud, negligent misrepresentation, breach of fiduciary duty, violations of California Corporations Code Section 25210(a), failure to diligently supervise, and control person liability.

RESPONDENTS' CONTENTIONS:
Respondents denied the allegations and asserted various affirmative defenses.

Result

The FINRA Panel found respondents jointly and severally liable to Zimbelman in the amount of $105,000 in compensatory damages and $50,000 in attorney fees.

Other Information

ARBITRATORS: Harvey C. Flodin, Lawrence Alexander Huerta, Shawn Michael Spaulding.


#115451

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390