David J Libowsky

January 24, 2019 | New Jersey Law Journal

New Jersey intends to proceed with a plan to impose its own fiduciary rule on brokerage and advisory professionals.

By David J. Libowsky and Daniel Strashun

9 minute read

March 06, 2007 | Corporate Counsel

Securities broker-dealers can sometimes face third-party claims concerning loss of assets maintained in customer accounts. But the Uniform Commercial Code, in the form of §8-115, provides a complete defense to such claims, with some very limited exceptions. As attorney David J. Libowsky describes, �8-115 effectively immunizes a broker-dealer with a primary exception where the broker-dealer has colluded with the wrongdoer and violated the rights of the adverse claimant.

By David J. Libowsky

7 minute read

February 23, 2007 | New Jersey Law Journal

Except in highly unusual situations, UCC Section 8-115 effectively immunizes a broker-dealer from liability to third parties asserting adverse claims related to the maintenance of assets in its customer's accounts.

By David J. Libowsky

7 minute read

March 06, 2007 | Law.com

Securities broker-dealers can sometimes face third-party claims concerning loss of assets maintained in customer accounts. But the Uniform Commercial Code, in the form of �8-115, provides a complete defense to such claims, with some very limited exceptions. As attorney David J. Libowsky describes, �8-115 effectively immunizes a broker-dealer with a primary exception where the broker-dealer has colluded with the wrongdoer and violated the rights of the adverse claimant.

By David J. Libowsky

7 minute read