Alexander Gerard Conteh v. Cole Capital Corporation
Published: Jan. 26, 2018 | Result Date: Dec. 7, 2017 | Filing Date: Nov. 28, 2016 |Case number: FINRA: 16-03509 Arbitration – Expungement
Arbitrator
Attorneys
Claimant
Jeffrey K. Compton
(Markun, Zusman, Freniere & Compton LLP)
Nathan E. Smith
(Markun, Zusman, Freniere & Compton LLP)
Respondent
Theodore J. Sawicki
(Alston & Bird LLP)
Martha S. Doty
(Alston & Bird LLP)
Lauren T. Macon
(Alston & Bird)
Facts
Alexander Gerard Conteh entered into a dispute with Cole Capital Corporation in connection with Conteh's employment with, and subsequent termination from, the company.
Contentions
PLAINTIFF'S CONTENTIONS: Conteh alleged claims of breach of contract, breach of implied covenant of good faith and fair dealing, and bad faith termination.
DEFENDANT'S CONTENTIONS: Cole Capital denied the claims against it and asserted defenses.
Damages
For lost compensation, Conteh sought $39 million in damages and restitution, and the expungement of his Form U5 with changes to the termination language. Conteh also requested the return of stock allegedly owed to him. Conteh also sought punitive damages and attorney fees.
Result
The panel denied Conteh's request for compensatory and punitive damages. The panel recommended expunging the termination language in Conteh's Form U5, and changing the wording of the explanation, but did not recommend changing the wording in the way Conteh had requested.
Other Information
ARBITRATORS: George L. Tindall, presiding chairperson; Noel H. Applebaum, Carole H. Aragon.
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