Our Gilman Law LLP, Naples, Florida Securities Office has over 40 years of experience handling and litigating complex securities fraud cases. A purchaser of a securities product is entitled to receive full disclosure of all material facts concerning the product. Without specific disclosure of all material facts, an investor cannot make a truly informed decision about the risks inherent in an investment product. The fundamental rule of securities laws is to ensure full disclosure of all material facts and risks such that an investor can accurately assess the investment prior to making an important investment decision.
On far too many occasions, and what can now be described as occurring in epidemic proportions, companies and issuers of securities products fail to make full disclosure of all material facts and risks, and deprive the investor of facts he/she needs to make a truly informed decision to protect him/herself or their family or business.
Companies, issuers, investment advisors and affiliates must convey in plain English and language capable of understanding by ordinary or even sophisticated investors or market professionals all material facts and risks relating to a securities product.
Companies, issuers, underwriters and professionals unfortunately frequently violate the basic foundation of the securities laws by failing to disclose all material facts or by misrepresenting or omitting to disclose all material facts or radically understating the inherent risks of an investment. As a result, uninformed investors can suffer enormous losses (rather than expected gains) based upon what they were led to believe were true facts concerning a particular investment.
In addition, companies, issuers of securities, underwriters and affiliates have a legal duty to prominently clearly, and timely disclose all material facts at critical points, including at the time they offer an investment and to disclose subsequent facts and events that they become aware of. It is a violation of state, federal and common law to fail to disclose all material facts.
In addition to disclosing all material facts concerning an investment product, it is equally important and required by law that a company, investment professional or affiliate prominently highlight the facts in, for example, the “Principal Risks” portion of a prospectus or other offering document and provide the same to each investor. Far too frequently, companies, affiliates and many investment advisors do not disclose key major material risks in the body or “Principal Risks” portion of a prospectus but instead bury risks or facts in a Statement of Additional Information or other area such that it is not prominently and easily conveyed to an investor. Such acts violate the securities laws.
Cross – references to a Statement of Additional Information, Shareholder Report or other source are to be avoided and all major risk factors are to be clearly explained in the “Principal Risk” section of a prospectus or Registration Statement. As the Securities and Exchange Commission has attempted to make abundantly clear, additional information buried in other sections of documents is not in the public interest and does not protect investors.
The significance and materiality of a key omission of fact or risk is enormous. Companies and controlling persons often purposely obfuscate the true nature of the risks involved in an investment product or other security or insurance product either by using hyper-technical language or language so equivocal that a reasonable person would not be able to attach the appropriate importance to what is being read. Misrepresentations and omissions violate the basic principles of securities laws.
At Gilman Law LLP, Naples, Florida Securities Office, our team of experienced securities lawyers investigate and analyze all relevant facts, legal issues and circumstances surrounding an investment product to ensure that our clients received the disclosure to which they are legally entitled. If you believe a violation of state or federal securities laws has occurred to you, we have been practicing in Naples, throughout the state of Florida and nationally for over 40 years and are available to analyze your claims and recover the investment losses to which you are entitled. We are available to meet with you and analyze your potential claim.
Legal Help for Victims of Securities Fraud
Gilman Law LLP, Naples, Florida Securities Office is a leading securities fraud law firm and is here to assist and help you receive the most compensation for your securities fraud claim. For a FREE evaluation of your securities fraud case, please fill out our online form, or if you need to speak to one of our Florida breach of contract lawyers immediately, CALL TOLL FREE (1-888-252-0048) today.
For over 40 years, we have represented investors in securities litigation for their investment losses case due to securities fraud in counties throughout Florida, including Collier County, Lee County, Charlotte County, Hillsborough County, Miami Dade County, Broward County, Orange County, Duval County, and Palm Beach County.