Biography

Brian J. Palmeri is a partner with Winget, Spadafora & Schwartzberg, LLP. His practice focuses on the defense of professionals and fiduciaries, with emphasis on the representation of the financial services industry, including the representation of broker-dealers, registered representatives, investment advisors, and insurance brokers in state and federal courts as well as in arbitration and regulatory proceedings. In addition, Mr. Palmeri advises clients on employment issues and securities industry agreements. Mr. Palmeri also has extensive experience defending complex litigation matters involving accountants, attorneys, and design professionals.

Representative Decisions

• Defended registered representative in FINRA Arbitration arising from alleged fraudulent REIT investments, resulting in defendant’s verdict
• Represented broker-dealer and registered representatives against claims of wrongful termination, U-5 defamation and corporate raiding, resulting in defendant’s verdict
• Successfully petitioned FINRA arbitration panel for expungement of registered representative’s disciplinary record following settlement of the underlying case
• Successfully defended registered representative in FINRA investigation of alleged embezzlement, resulting in no disciplinary action
• Heusser v. Hale, 777 F. Supp. 2d 366 (D. Conn. 2011): Obtained dismissal in favor of municipality and police chief under FRCP 12(b)(6) against claims of First Amendment Retaliation and violations of the Equal Protection Clause
• Fradianni v. Protective Life Ins. Co., 2011 Conn. Super. LEXIS 2863 (Conn. Super. Ct. Nov. 4, 2011): Obtained summary judgment in favor of insurance broker against claims of breach of fiduciary duty and violation of the Connecticut Unfair Trade Practices Act (“CUTPA”). Settled prior to appeal
• Vecchio v. Coleman, 2011 Conn. Super. LEXIS 54 (Conn. Super. Ct. Jan. 5, 2011): Obtained dismissal in favor of attorney in legal malpractice suit on grounds that claim was not ripe because damages were contingent upon the outcome of another pending lawsuit

Publications

• “Department of Labor’s Fiduciary Rule,” PLUS Journal, July 2016