Areas of Practice:

Securities Arbitration | ERISA | Insurance Claims | Professional Malpractice Law

• Securities Arbitration

Dispute Resolution by Arbitration:

Almost all disputes among investors, stock brokers and brokerage houses are resolved through the arbitration process under the NASD arbitration program. The courts are seldom involved. This process has been proven to be more cost efficient and faster than the state or federal judicial systems.

Investor Representation:

Generally, a small dispute between an investor and stock broker can be resolved without the assistance of an attorney. But, an investor with losses exceeding $50,000 should retain the services of an attorney with NASD arbitration experience. The stock broker will certainly have a NASD attorney representing his interests. The investor with a serious dispute is more likely to obtain a fair recovery if he is assisted by an experienced plaintiff's securities attorney.

Questions regarding the NASD Arbitration Process:

Please contact Mr. Willeford if you have any questions regarding the NASD process and your stock broker dispute.

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• ERISA

Mr. Willeford provides legal services on select cases involving employee benefit claims, appeals and litigation. Such claims include benefits relating to death, disability and healthcare under employee welfare benefit plans. Such claims are controlled by federal law -- Employee Retirement Income Security Act (ERISA). Relief under ERISA may also include personal liability of the administrators for COBRA group health continuation notice requirements, failure to timely deliver ERISA documents or relief for breach of fiduciary duty.

The ERISA law is complex and requires special knowledge and experience to successfully prosecute a claim for benefits. Unfortunately, remedies under state and other federal law are not available to claims under an ERISA plan, as Congress has directed that all claims be controlled by ERISA. These claims are primarily administered through an administrative process by a claims administrator. The claims administrator's decision denying a claim for benefits can not be overridden or reversed by a court unless there is no evidence in the administrative record supporting the administrator's claim. Thus, it is particularly important to involve an attorney familiar with ERISA law as soon as possibly in the process of applying for ERISA benefits such as long-term disability benefits and pension retirement plans.

Mr. Willeford has obtained successful results for his clients in ERISA claims through federal litigation, the federal Court of Appeals and the United States Supreme Court.

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• Insurance Claims

Mr. Willeford provides legal services in select cases involving insurance claims and disputes. Such cases involve plaintiffs' homeowners, automobile, business owners and life insurance cases.

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• Professional Malpractice Law

Mr. Willeford provides legal services for financial claims against stockbrokers, insurance agents and brokers, real estate agents, accountants and attorneys for damages caused by their negligence or wrongful professional conduct. These cases often involve complex issues of product liability and professional misconduct under rules of ethics adopted by state legislators and professional organizations. Mr. Willeford has obtained successful results in cases involving professional misconduct in connection with investments, purchase of computer hardware and software, annuities and estate planning and attorney misconduct in connection with real estate transactions and a broad range of medical malpractice issues.

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