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Articles Posted in Professional Negligence

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Accounting Malpractice and Negligence – Boca Raton, West Palm Beach and Fort Lauderdale, Florida Litigation Attorney

Accounting Malpractice and Negligence – Boca Raton, West Palm Beach and Fort Lauderdale, Florida Commercial Litigation and Elder Financial Abuse Attorney: SEC Charges Bank Holding Company in Delaware with Improper Accounting and Disclosure of Past Due Loans The Securities and Exchange Commission recently announced accounting and disclosure fraud charges against…

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South Florida – Certified Public Accountant Independence and Negligence Litigation and Arbitration Attorney

Boca Raton, Deerfield Beach, Delary Beach, Boynton Beach, Lantana, Lake Worth and West Palm Beach Certified Public Accountant and Public Accountant Independence and Negligence Litigation and Arbitration Attorney: SEC Charges Ernst & Young With Violating Auditor Independence Rules in Lobbying Activities The Securities and Exchange Commission recently charged Ernst & Young…

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Accountant’s Liability to Third Parties – Broward and Palm Beach Florida Accounting Negligence Litigation and Arbitration Attorney

Accountant’s Liability to Third Parties – Florida Accounting Negligence Litigation and Arbitration Attorney – Russell L. Forkey, Esq. WHEN AN ACCOUNTANT FAILS TO EXERCISE REASONABLE AND ORDINARY CARE IN PREPARING THE FINANCIAL STATEMENTS OF HIS CLIENT AND WHERE THAT ACCOUNTANT PERSONALLY DELIVERS AND PRESENTS THE STATEMENTS TO A THIRD PARTY…

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Corporation Annual Report (10-K) – Florida Business Practice and Corporate Litigation Attorney

Corporate Annual Report (10-K) – Florida Business Practice and Corporate Litigation and Arbitration Attorney: An “Annual Report” is a record of a corporation’s annual financial condition that is required to be distributed to shareholders under Securities and Exchange Commissions rules and regulations.  Included in the report is a description of the company’s…

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Frank Dappah and Yatalie Capital Management – Florida Excessive Investment Advisory Fee Litigation and FINRA Arbitration Attorney

Securities and Exchange Commission v. Frank Dappah and Yatalie Capital Management, et al., Civil Action No. 3:13-cv-00546 (W.D.N.C.) SEC Charges Charlotte Investment Advisors with Excessive Fee Scheme Recently, the Securities and Exchange Commission filed an action in federal court in the Western District of North Carolina, charging Frank Dappah of…

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Financial Abuse of Older Adults – Florida Elder Abuse and Financial Loss FINRA Arbitration and Litigation Attorney

Florida Elder Abuse and Financial Loss FINRA Arbitration and Litigation Attorney: Federal Regulators Issue Guidance on Reporting Financial Abuse of Older Adults Seven federal regulatory agencies recently issued guidance to clarify that the privacy provisions of the Gramm-Leach-Bliley Act generally permit financial institutions to report suspected elder financial abuse to…

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Cash Basis of Accounting, Accrual Method of Accounting and Modified Cash Basis of Accounting – Florida Breach of Contract, Breach of Fiduciary Duty, Fraud and Accounting Negligence Litigation Attorney

Cash Basis of Accounting, Accrual Method of Accounting and Modified Cash Basis:  South Florida Accounting Negligence and Breach of Contract Commerical Litigation Attorney, Russell L. Forkey, Esq. The Cash Basis accounting method recognizes revenues when cash is received and recognizes expenses when cash is paid out.  In contrast, the Accrual…

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Sales Practice Violations – Discretionary Trading Without Authorization, Unauthorized Trading, Unsuitable and Excessive Trading and Churning – South Florida FINRA Arbitration and Litigation Attorney

Securities and Exchange Commission Sustains FINRA Disciplinary Action against Registered Representative and Supervisor The Securities and Exchange Commission has sustained disciplinary action by the Financial Industry Regulatory Authority (“FINRA”) against William J. Murphy and Carl M. Birkelbach, formerly associated with member firm Birkelbach Investment Securities, Inc.  In its opinion, the…

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Accounting Fraud and Accounting Negligence (Generally Accepted Accounting Principles) Florida Litigation and Arbitration Attorney

Florida Accounting Fraud and Accounting Negligence Litigation Attorney: Court Enters Final Judgments against JBI, Inc. and Former Officer in Accounting Fraud Case The Securities and Exchange Commission announced that a Massachusetts federal court entered final judgments by consent on June 26, 2013 and March 20, 2013, respectively, against John W. Bordynuik (“Bordynuik”)…

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Professional Negligence (Malpractice) Claims Against Accountants (CPA), Engineers, Surveyors, Architects and Others – Florida State and Federal Court Litigation and AAA Arbitration Attorney

Professional Negligence Claims Against Accountants, Engineers, Surveyors, Architects and Others – Florida State and Federal Litigation and AAA Arbitration Attorney: In Florida, professional negligence claims require four elements: (1) existence of a legal duty, (2) breach of the duty, (3) proximate causation, and (4) actual loss. Generally, this duty of care…

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