Denis C. Dice is the managing partner of the Philadelphia office of Winget, Spadafora & Schwartzberg, LLP. Denis has been practicing for over 25 years. He has tried to conclusion over 70 cases including jury trials, bench trials and more than 30 arbitrations before FINRA and the NYSE regarding claims such as suitability, selling away, misrepresentation and churning. As well, Denis has argued over 35 federal and state court injunctive hearings involving claims of misappropriation of trade secrets and breach of non-solicitation and non-compete contracts of individual Registered Representatives. He also represents clients in regulatory enforcement matters initiated by the SEC and FINRA.
Denis also has extensive experience in the area of professional liability defense. He has defended accountants, auditors, attorneys, law firms, estate planners, real estate agents, insurance agents, and mortgage brokers against claims including negligence, breach of contract and fraud. Denis has significant employment law experience having litigated claims of discrimination, defamation, wrongful termination, and other employment law issues in federal court and in arbitration. Denis has successfully defended class actions involving many diverse and complicated issues. He has litigated claims involving a wide spectrum of investments including CMOs, UITs, options, REITS, private placements, variable annuities, limited partnerships, mutual funds (bonds and stocks), individual equities and debt. Denis handles litigation involving complex estate planning tools such as Charitable Remainder Unit Trusts and Irrevocable Life Insurance Trusts which own variable, universal and whole life policies. Various entities have asked Denis to speak on topics involving securities litigation/arbitration matters, and Denis was the securities industry defense counsel representation for the FINRA Spring 2004 Conference on the topic of securities arbitration and mediation.
Denis’ background also includes active duty in the United States Marine Corps, Judge Advocate General Corps where he served as a Captain at Camp LeJeune, North Carolina, home of the Second Marine Division. While a member of the Marine Corps JAG, he tried numerous major jury and misdemeanor criminal cases while serving as trial counsel.
- Basil v. Chubb Securities, Inc., 1998 WL 88399 (U. S. District Court Eastern District of Pennsylvania 1998)
- Gray v. Tucker Anthony, Inc., NYSE Docket No. 1997-6512 (1997)
- Baggesen v. Securities America, Inc., 02-CV-4001 (U.S.D.C. Mass.), 02-CV-4001 (U.S.D.C. Mass.)
- Hirsch v. Securities America, Inc., NJ A-5637-10 (August 7, 2013)
- Successfully defended $37 million claim for breach of contract and conspiracy brought in FINRA arbitration and successfully counterclaimed for $1.7 million in compensatory damages as well as attorney fees and interest
- Prepared successful Preliminary Objections resulting in case dismissal in commercial real estate matter where alleged damages were $12.5 million
- Won Motion for Directed Verdict on behalf of national broker-dealer named as defendant in a jury trial involving claims of breach of franchise agreement and intentional interference with contractual relations with alleged damages in excess of $5 million
- Defense verdict in bench trial venued in Pennsylvania state court involving claims against a major commercial real estate with alleged damages of in excess of $3 million based upon claims of breach of fiduciary duty and professional negligence
- Successfully resolved securities class action suit against regional broker-dealer seeking $10 million in damages after court granted partial Motion to Dismiss
- Won many FINRA arbitrations involving claims of unsuitability arising out of the market correction of 2000-2002
- Obtained voluntary dismissal by Plaintiff of a Complaint involving a complicated business dispute with alleged damages in excess of $6 million
- Won Motion to Dismiss Class Action Complaint filed against a national broker-dealer where the alleged damages on behalf of the class were in excess of $2 million
- Complex Product Policies and Procedures, Panelist, Financial Services Institute (FSI) OneVoice Conference, January 24, 2017
- Managing Risk & Protecting Your Practice, Panelist, FSI Forum 2016: Navigating a Post-DOL Fiduciary World, September 26, 2016
- Recent Trends Regarding Claims Against Broker-Dealers, Panelist, E&O Insurance ExecuSummit, June 16, 2015
- Securities Litigation & Regulatory Update, Broker-Dealer and SEC Panelist, Pennsylvania Bar Institute, November 2014
- What You Did Not Know About Transitioning A Book Of Business, FSI Annual Conference, Spring 2011
- “FINRA Eligibility Rule is Another Hurdle to Expungement,” PLUS Journal, January 2019
- “Inside the Minds Series,” Thompson Reuters Westlaw, 2014, Chapter contributor, New Developments in Securities Litigation
- “Small Business Job and Credit Act of 2010 Greatly Reduces Tax Penalties Against 412(i) Plan Participants,” Aon Advisor Solutions, Winter 2011 Newsletter
- “FINRA Rule Update, Motion to Dismiss Ineligible Claims,” Featured Article, Agents of America Monthly Publication, February 2010