Marc S. Dobin
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Phone: (561) 575-5880 Ext: 2
Fax: (561) 575-0032
120 Intracoastal Pointe Drive, Suite 100
Jupiter, Florida 33477
Mr. Dobin represents parties in securities, employment, and commercial disputes. Before co-founding Dobin & Jenks, LLP, Mr. Dobin was a partner in a large West Palm Beach law firm. Prior to that, he was an in-house litigator for Prudential Securities Incorporated in New York City where he tried a variety of complex employment and securities related cases.
Marc has tried cases and represented parties in numerous venues, including state and federal court, the American Arbitration Association, National Association of Securities Dealers ("NASD"), and the New York Stock Exchange ("NYSE"). Mr. Dobin has handled customer and employment disputes involving the following entities: Merrill Lynch, Suntrust, UBS, Bank of America, Wachovia, A.G. Edwards & Sons, Prudential Securities, Morgan Stanley Dean Witter, Oppenheimer, Raymond James & Associates, Janney Montgomery Scott, Advest, International Assets Advisory Corporation, Equitable Life Assurance, Legend Equities Corporation, Delta Equity Services Corporation, Brookstreet Securities Corporation, Acument Securities and Costa Financial Securities.
His litigation experience includes disputes between customers and brokerage firms, disputes between brokers and their employing firms, and all types of employment disputes including restrictive covenant and non-competition litigation, employee raiding cases, and partnership disputes. Mr. Dobin negotiates contracts relating to commercial transactions and separation from employment and personal services.
Drawing on his considerable litigation experience, Marc began serves as a mediator in complex securities and commercial disputes. He uses his well-known good-natured style to assist parties in reaching an acceptable resolution. Most importantly, he is not viewed as having a bias towards one view or another.
Mr. Dobin serves as an industry arbitrator for FINRA (including the former NASD and NYSE). Since January 2003, he has served as a Town Council-appointed Trustee of the Town of Jupiter Police Officers' Pension Fund. He is a speaker to professional, civic and client groups on practice-related topics. He has been a guest on the South Florida Business Report.
Education
J.D., New York Law School, 1986
B.A., Franklin and Marshall College, 1982
Jurisdictions Admitted to Practice
Florida, 1994U.S. District Courts, Southern and Middle Districts of Florida
United States Court of Appeals for the Eleventh Circuit
Professional & Bar Association Memberships
Florida Bar Association
Palm Beach County Bar Association
In the News
Mr. Dobin has been featured in:
Internet cuts corporate document costs, South Florida Business Journal, January 27, 2006.
Mr. Dobin, a Certified Public Pension Trustee and a Trustee of the Town of Jupiter Police Pension Plan, was a speaker at the January 2008 Trustee School offered by the Florida Public Pension Trustees Association. The topic of his presentation was "Why Trustees Should Grill Their Service Providers.”In March 2007, we were approached by a parent of a Royal Palm Beach High School (“RPBHS”) student concerning inequities in the RPBHS boys’ and girls’ sports programs. Specifically, the boys’ baseball field had lights and the girls’ softball field did not. This resulted in at least one forfeiture for the girls’ team. Because the firm practices in the areas of discrimination and civil rights, and because the girls were being denied equal treatment under the law, we set out on a pro bono basis to remedy this inequity. We wrote a demand letter to RPBHS identifying the gender inequities and cited Title IX of the Federal Education Amendments of 1972 as well as the Florida Educational Equity Act. The letter was forwarded to the School District of Palm Beach County. After multiple discussions with the School District’s legal counsel about the discrimination and after we indicated that we would initiate a federal court action, the School District asked us not to file a lawsuit and said that it would take remedial action. Initially, the School District, recognizing the disparity, barred the boys’ teams from playing at night if the same opportunities could not be provided to the girls’ teams. This relief, only served to penalize the boys for the disparate treatment. We continued to press until the School District capitulated and agreed to construct lights for the girls’ softball team. On the evening of February 7, 2008, the girls played their first night game on their home field. We are proud of our accomplishment and thrilled the girls received what they were entitled to all along -- equal treatment under the law.
Featured Cases and Matters
Federal Court Cases:
J.B. Oxford Holdings, Inc. v. Net Trade, Inc., 76 F. Supp. 2d 1363 (S.D. Fla. 1999) (dismissal of trademark infringement case on personal jurisdictional grounds for internet-based brokerage firm)
State Court Cases:
A.G. Edwards & Sons, Inc. v. Dublon, 948 So. 2d 915 (Fla. App. 4th DCA 2007) (obtained reversal, in part, of denial of motion to compel arbitration)
Arbitration Cases:
Citigroup Global Markets, Inc. v. Stifel, Nicolaus et als., NASD No. 07-00423 (successfully represented individual brokers in raiding claim against the brokers and their new employer as well as a claim against two of the brokers for allegedly unpaid promissory notes. Citigroup sought over $1.8 Million in compensatory damages, $800,000 in punitive damages and attorneys' fees. Award of $9,000 in total against brokers and firm)Divietro v. Merrill Lynch Pierce Fenner & Smith, Inc. 2007 NASD Arb. LEXIS 977 (2007) (successfully defended, with Brian Buckstein, broker and new employer against claim for damages for breach of restrictive covenant in Merrill Lynch training agreement. Merrill Lynch sought in excess of $400,000 in damages. $1,000 awarded to Merrill Lynch. Individual broker's claim for defamation dismissed)
Senderowitz v. Suntrust Investment Services, 2007 NASD Arb. LEXIS 532 (2007) (award for unpaid wages, unpaid and vested stock options, and attorneys' fees under Fla. Stat. 448.08)
Hodges v. Partner Connections et al., 2007 NASD Arb. LEXIS 149 (2007) (finding of defamation on Form U-5; award of $75,000 in damage and of ownership to copyrighted work, award of attorneys’ fees in excess of $86,000 under Operating Agreement of LLC; denial of $16,000,000 in counterclaims)
Porcaro v. Merrill Lynch, 2006 NASD Arb. LEXIS 1334 (2006) (obtaining award against broker-dealer for sale of unsuitable securities and award for attorneys’ fees)
Moreno v. Legend Equities Corporation, 2005 NASD Arb. 1817 (2005) (no liability of broker-dealer in “selling away” case where former broker was in jail and customer, who was confined to a wheelchair as a result of medical complications, lost personal injury award money within six months of placing it with broker)
Gabrilowitz v. Prudential Equity Group, Inc., 2004 NASD Arb. LEXIS 165 (2004) (no liability on claim for damages of $750,000 in connection with alleged failure to execute sell order for large position in K-Mart stock)
Beghosian, et al. v. Prudential Equity Group, et al., 2004 NASD Arb. LEXIS (2004) (individual broker not required to present defense in multi-claimant case with claims for damages in excess of $7,000,000 as claims were dismissed against broker at close of claimants’ case)
Schulz v. Securities America, 2003 NASD Arb. LEXIS 1276 (2003) (investors awarded recovery of compensatory damages of $1,350,000, punitive damages of $4,050,000 and entitled to recovery of attorneys’ fees against a subsidiary of American Express Financial Advisors where broker was doing business under a stolen identity and was not otherwise properly supervised)
Yarborough v. Janney Montgomery Scott, 2002 NYSE Arb. Dec. LEXIS 184 (2003) (former broker defended promissory note claim and counterclaimed that termination six months after hiring was a violation of the implied covenant of good faith and fair dealing and that the termination destroyed broker’s career and caused monetary damage; arbitrators awarded firm recovery on its claim for the promissory note but awarded broker damages on counterclaim nearly twice the amount of the note claim)
Le v. WMA Securities, 2002 NASD Arb. LEXIS 224 (2002) (breach of contract action for unpaid overrides and award of $225,000; injunction issued in state court to prevent WMA Securities from divesting itself of assets before arbitration award was paid)
Stanford Group Company v. Pablo F. Droira v. Sandra S. Droira, 2001 NASD Arb. LEXIS 1786 (2001) (award in favor of firm against broker on promissory amount in excess of $231,000; counterclaim and third party claims for fraudulently inducing broker to leave prior employment and for alleged conversion of securities and cash in joint account denied)
Dr. Robert P. Laurence, individually and as Trustee and Patricia A. Laurence as Trustee v. Morgan Stanley Dean Witter, Inc., Prudential Securities Inc., Mark A. Rodgers, Paul Grande, Daniel Carnevale, Bruce Alonso, Erick R. Holt, Douglas Haas and John Doe; Prudential Securities v Patricia Laurence (Consolidated); George A. Simon and Mary Ann Simon v. Morgan Stanley Dean Witter, Prudential Securities Inc., Mark A. Rodgers, Paule Grande, Daniel Carnevale, Bruce Alonso, Erick R. Holt, Douglas Haas and John Doe; Prudential Securities Inc. v. George Simon and Mary Ann Simon (Consolidated); Robert C. Colmer v. Prudential Securities Inc., Mark Rodgers and Douglas Haas (Consolidated) 1998 NYSE Arb. Dec. LEXIS 128 (2000) (respondents PSI and Rodgers found not liable for aggregated losses of $ 6,454,369 incurred in failed short-squeeze attempt; claimants held liable on margin loans incurred at respondent PSI)
Walsh v. Joseph Humberto Castro, The Golden Lender Financial Group, Inc., Lee Matthew Solomon, Jr., Roman Sakharovich, Kenneth Robert Lauher, Konstantin Tokar, 2000 NASD Arb. LEXIS 1607 (2000) (compensatory award in favor of elderly investor for $160,000 plus $25,000 in punitive damages; obtained partial payment of award through the Florida Securities Guaranty Fund)
Palumbo v. A. G. Edwards, Gruntal, and Robinson, NASD Case No.: 97-02630 (1999) (individual respondent not liable on claims for losses in excess of $900,000 where investments in claimant’s accounts were not recommended to the claimant but were instead chosen by the Claimants' investment advisor and business manager)
Kowalsky v. Prudential Securities Inc., and Jukel, 1998 NASD Arb. LEXIS 1859 (1998) (claim for losses in excess of $200,000 denied in connection with concentrated position in Centocor stock)
Blayer and Besade v. Prudential Securities Inc. 1995 NASD Arb. LEXIS 716 (1995) (claim of 66 year old widow for damages in excess of $960,000 denied where claimant, a citizen of the United States, alleged that PSI, through its Sydney, Australia affiliate, was liable for losing her entire liquid net worth in institutional-size lots of options in a risky over-the-counter stock. PSI defended on the grounds that the monies belonged to claimant’s nephew who opened and traded in the account under a power of attorney)
Articles
"Appealing the Unappealable: Vacating Arbitration Awards," published by the Tort and Insurance Practice Section of the ABA
Panelist at the August 1995 ABA Annual Meeting, Tort and Insurance Practice Section, Chicago, Illinois, "Arbitration of Commercial Tort Claims - Is it the Answer?"
“Where is Podunk and Why are we being sued there?” published by the Florida Securities Dealers Association (“FSDA”) in its newsletter, 2000
“Road Warrior’s Journal,” published by Law Office Computing Magazine, June/July 2002
“Finding Perfect Software” published by Law Office Computing Magazine, June 2003
Non-Legal Activities
Vice President and Registrar - Jupiter Tequesta Athletic Association, 2000-2005
Trustee, Town of Jupiter Police Officers’ Retirement Trust, 2003 to present
Certified Public Pension Trustee, 2006 to present
