Sunday, January 17, 2010

Securities Fraud Claims

When you hire someone to advise you on financial topics, you are putting your trust in them—trusting them to help you manage your money and secure your future. Whether it's a broker, a brokerage firm, or a financial advisor, the experts you hire have a duty to manage your funds and offer advice wisely.

When that trust is breached, however, the damages can be devastating to you and your family's future.

Not every poor investment constitutes securities fraud, though. In some cases, people lose money they've invested due to market fluctuations, inaccurate predictions, and other causes that do not involve malpractice on the part of their advisors.

In order for a securities fraud claim to be actionable, it must involve professional misconduct on the part of the financial expert, including everything from simple negligence and failure to perform duties to malicious conduct up to and including theft.
Some types of securities fraud cases we handle include:

· Churning

· Deceptive practices

· Professional unsuitability

· Misrepresentation and omission

· Unauthorized trading

· Failure to hedge

· Margin practices

· Breach of fiduciary duty

· Negligence/failure to supervise

Determining whether you have a case

When you visit us for a consultation, we will carefully and honestly review the facts with you to help you determine whether your advisor's actions were likely fraudulent, and whether you have a strong enough case to win.

This type of case can be exceedingly complex and often difficult to prove, but we have the experience and the skills necessary to investigate every avenue thoroughly, and help you recover damages lost to fraudulent and negligent practices.

If you believe you or a family member has suffered financial damages as a result of securities fraud, contact an experienced attorney as soon as possible. He or she can help you gather the information you need and determine whether you have a cause of action to sue for damages.




In Ohio, call or email Robert W. Kerpsack, Co., L.P.A., today. We'll help you sort out your issues, recover your damages, and secure your future again. [http://www.rwklaw.com/contact_us.shtml]

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Sunday, January 3, 2010

EPA Mandates Cleanup of Contaminated Site in Ohio

In recent months, several asbestos cleanups have been announced across the United States. The most recent cleanup mandated by the Environmental Protection Agency (EPA) will take place in Elyra, Ohio, where a structure fire leveled a building possibly contaminated with asbestos. The site was formerly the home of General Industries covering approximately two city blocks. The fires consumed the building almost entirely, leaving a shell of debris, ashes, and scorched materials, materials the EPA says could be contaminated with asbestos. Such materials include bricks, floor tiles, roofing, and any insulation not consumed; all could potentially be contaminated with asbestos particulate matter. Contaminated materials increase the chances of asbestos exposure to any one coming in contact with the debris or to anyone in the immediate area, as it is possible that asbestos material can become airborne.

According to one report, the owner of building site has made several statements claiming that there is no contamination present in the building materials nor in the resulting debris. This evidence stands in stark contrast to the EPA's own findings, when asbestos evidence was discovered less than two weeks after the fire. To this end, the EPA wants to be certain that there is no contamination of building materials and has elected to take site samples on their own. The owner of the site has repeatedly indicated his interest in cleaning the site, but nothing has been done as of yet. Thus, the EPA has decided to move forward with cleaning the site and taking samples of the materials. EPA contractors have been on site with protective gear, including hazard suits and respirators, collecting additional burned materials and samples. No visible asbestos emissions have been reported at this time.

The EPA stepping in to clean potentially contaminated industrial sites is nothing new. Two high-profile cleanups have been recently announced in several states including Montana and Kentucky. EPA teams in charge of cleaning up Libby, Montana, worked diligently to remove much of the vermiculite dust contaminated with asbestos that covered the town. After years of nearby mining endeavors, much of the area had been completely covered the contaminated particulate matter, causing hundreds of asbestos-related illnesses, including mesothelioma cancer and asbestosis. In Kentucky, a site cleanup was ordered after a former electroplating facility was demolished and found to have contained asbestos-contaminated materials. The site was deemed an environmental emergency clean-up site as there was essentially unrestricted access to this tainted site.

Exposure to asbestos can lead to serious health concerns such as respiratory problems, asbestosis, and mesothelioma cancer. Any of these conditions could result in a serious and debilitating condition, sincerely changing the quality of life for an individual. Many times, those exposed to harmful chemicals look into developing a mesothelioma lawsuit to potentially recoup some of their losses.




Information on mesothelioma cancer and asbestos exposure is available at LegalView.info, which also provides access to a mesothelioma lawyer and contacting a mesothelioma attorney.

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