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Securities
Breach of Fiduciary Duty
NASD

Young Soo So v. Shin Han Global Securities f/k/a CHK Global Securities

Published: Mar. 31, 2007 | Result Date: Feb. 6, 2007 | Filing Date: Jan. 1, 1900 |

Case number: 06-00986 Arbitration –  $100,000

Court

Arbitration Forum


Attorneys

Claimant

Marc I. Zussman
(Law Office of Marc I. Zussman)


Respondent

H. Thomas Fehn
(Fields Fehn & Sherwin)


Facts

Claimant Young So alleged breach of fiduciary duty, breach of contract, unsuitable investment recommendations, churning, fraud, reckless use of margin, negligent misrepresentations, and failure to supervise. He also claimed violations of federal and state securities laws, NASD conduct rules, and NYSE rules. The allegations related to transactions in Broadvision Inc. stock.

Respondent Shin Han Global Securities f/k/a/ CHK Global Securities disputed the claims.

Damages

Claimant sought $162,211 in compensatory damages, unspecified punitive damages, lost opportunity costs, all profits generated from claimant's account, pre and post-judgment interest, attorney fees, costs, expert witness fees, and accounting fees. Respondent sought dismissal of the claim plus attorney fees and costs.

Result

The panel decided the following: 1) Respondent is liable to and shall pay claimant the sum of $100,000 in compensatory damages; 2) Respondent is liable to and shall pay claimant interest on $100,000 at the rate of seven percent per annum from June 1, 2004 until Feb. 6, 2007; 3) The parties shall bear their respective costs, including attorney fees; 4) All other relief requested and not expressly granted is denied.

Other Information

The arbitration panel approved claimant's motion to amend the statement of claim to modify respondent's name to Shin Han Global Securities. ARBITRATION PANEL: Annette Gres Shepherd, Mario H. Metzger and Robert A. Weinman.


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