Justin Joseph D'Elia

Partner

  • Justin Joseph D'Elia
  • Phone: +1 212 692 1069
    Fax: +1 212 202 4848

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  • Duane Morris LLP
    1540 Broadway
    New York, NY 10036-4086
    USA

Justin J. D'Elia focuses his practice in the areas of securities litigation and regulatory investigations.

Mr. D’Elia has extensive experience in handling civil, criminal, and regulatory securities matters, as well as complex commercial litigation.  He has represented clients during on-the-record testimony, hearings, trials and on appeals before regulatory bodies, such the SEC, the CFTC, the Department of Justice, the Chicago Mercantile Exchange Group, the New York Mercantile Exchange, the Public Company Accounting Oversight Board and FINRA as well as other federal and state regulatory agencies, involving allegations of securities fraud, accounting fraud, market manipulation and sales practice violations.

Mr. D’Elia is accomplished in defending his clients during regulatory matters against a wide range of alleged market manipulation activity and sales practice misconduct, as well as other securities rule violations.  He also regularly advises companies on compliance and supervisory policies and procedures, and the current litigation and regulatory trends.

Mr. D’Elia is experienced in prosecuting, and defending, brokerage firms and associated persons in competition claims based in tort or the underlying contracts. He has substantial experience representing FINRA member firms in employment-related arbitration proceedings involving allegations of wrongful termination, unpaid commissions, restrictive covenants, and the collection of promissory notes.

Areas of Practice

  • Broker-Dealer Representation
  • Securities Regulation and Litigation
  • Corporate Compliance
  • Commercial Litigation
  • White-Collar Defense
  • Employment Litigation

Representative Matters

  • Defended Real Estate developer in multi-jurisdictional litigations against claims of fraud and breach of fiduciary duty, and obtained a mid-trial settlement resolving all litigation with no liability for the client.

  • Obtained from a Chief Administrative Law Judge an order of no penalty for any misconduct on behalf of a broker concerning SEC allegations of a Ponzi scheme at an investment firm.
  • Advised financial service client in connection with FINRA investigation on the creation and implementation of written supervisory procedures concerning municipal bond syndicate desk and secondary trading desk.

  • Successfully defended major accounting firm in PCAOB regulatory investigation relating to allegedly defective audited financial statements.

  • Successfully defended a full service retail broker-dealer in a FINRA investigation relating to the company’s alleged improper delivery of new issue disclosure documents, and managed large-scale review and productions.

  • Obtained jury verdict clearing the senior management of a money market fund of fraud charges brought by the SEC.

  • Defended a multinational investment bank in a FINRA arbitration, and successfully obtained unanimous dismissal of all claims.

  • First-chair arbitration concerning violations of margin account regulations.

  • Represented broker-dealer in its prosecution of multiple financial advisors for their failure to repay promissory notes.

  • Defended publicly-held company in mass fraud claims by shareholders related to its IPO.

  • Obtained in the U.S. District Court for the Southern District of New York a dismissal on behalf of Track Data Securities Corporation, a securities broker, in the Tribune Company Fraudulent Conveyance Litigation case. The court found that the client did not clear, carry or hold customers' funds or securities, and did not trade in Tribune shares for its own account.
  • Won dismissal of putative class action for a national bank in U.S. District Court for the Southern District charging violations of New York’s Exempt Income Protection Act (EIPA) and New York common law.

  • Obtained dismissal of class action suit against one of the 15 largest U.S. banks alleging it violated the federal Electronic Funds Transfer Act.

  • Lead an internal investigation of a publicly held company and advised the company on issues concerning corporate governance.

  • Defended numerous wrongful termination, defamation, and discrimination claims against broker-dealers by former employees.

Admissions

  • New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Education

  • New York Law School, J.D., 2005
  • College of the Holy Cross, B.S., 2002

Experience

  • Duane Morris LLP
    - Partner, 2017-present
    - Special Counsel, 2016
    - Associate, 2006-2016

Professional Activities

  • Securities Industry and Financial Markets Association (SIFMA) Compliance and Legal Division
  • New York State Bar Association

Selected Publications