Bio

Martin Kaplan is recognized as one of the premier white collar and regulatory attorneys in the United States. Marty is the Managing Partner of Gusrae Kaplan, a firm he co-founded in 1975. Marty brings to clients nearly four decades of experience litigating highly sophisticated matters before state and federal courts, administrative forums, regulatory bodies and in mediation and arbitration settings. Much of Marty’s practice involves investigations and complex enforcement proceedings before the United States Attorney’s Office, SEC, CFTC, various exchanges and FINRA, offices with which he has an established reputation and substantial and regular contact. As a veteran securities litigator with an enviable track record, Marty represents a broad range of participants in the financial services industry in regulatory and enforcement matters, internal and law enforcement investigations, negotiating complex settlements with FINRA and the SEC and employment, partnership and customer disputes. Marty also has a strong white collar practice and has successfully defended numerous clients in significant criminal matters. In addition to his work on behalf of major financial institutions and their officers and directors, Marty has particular expertise representing broker-dealers in sophisticated matters and counts among his longstanding clients many of the industry’s significant participants. By way of example, Marty recently secured a precedent-setting decision before the United States Court of Appeals for the Second Circuit, which ruled that FINRA cannot bring civil actions to collect fines it levies in disciplinary actions. This hard fought, decade-long battle on behalf of a prominent broker-dealer will have a game-changing impact on the regulatory landscape. Marty regularly and creatively overcomes almost impossible obstacles for his securities industry clients. In one matter, Marty successfully lobbied the NYSE and SEC during a window period causing the NYSE to issue an immediately effective rule change interpreting a prior rule in a manner highly favorable to his brokerage firm client. In another, the United States Court of Appeals for the Second Circuit reversed and vacated with prejudice disciplinary sanctions that had been imposed and affirmed by the NASD and sustained by the SEC. In another successful Second Circuit reversal, the court determined, favorable to Marty’s registered representative client, that arbitration claimant investors in pooled fund were not necessarily “customers” for purposes of NASD compulsory arbitration. Marty also caused bail to be attached for a client in a civil proceeding, a ploy rejected by the United States District Court but successfully vindicated at the Second Circuit, which reversed and established the validity of that procedure for civil actions related to the criminal proceeding. Leveraging his intimate knowledge of the brokerage industry, Marty has acted as an independent compliance consultant approved by FINRA and the State of Connecticut to review and revise procedures at broker-dealers, to review trading and account activities, and to verify compliance with the securities laws, FINRA regulations and industry practices. Marty earned his law degree from New York Law School and his BA from the City University of New York. In addition to his many accolades, Marty has been peer-rated, as determined by the prestigious Martindale-Hubbell directory, as AV Preeminent, the highest rating.