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Russel Francisco is a Wolff & Samson litigation attorney practicing in the areas of securities litigation and arbitration, securities regulation, general commercial litigation, white collar criminal investigations and litigation, and information security.

In the securities area, Russ represents major broker-dealers, their affiliates and employees in various litigations and arbitrations, customer complaint arbitrations, enforcement of restrictive covenants, counseling and defense of new hires, promissory note enforcement and expungement actions. Russ also represents clients in complex securities fraud matters in federal and state court. In addition, Russ advises and assists on matters involving securities regulation and enforcement, including representing securities firms in relation to investigations, inquiries and industry sweeps conducted by the Financial Industry Regulatory Authority (FINRA) (formerly the NASD and NYSE), the Securities and Exchange Commission (SEC) and state regulators. He also counsels broker-dealers with general compliance issues.

Russ’ general commercial litigation practice involves representing clients in a wide range of complex commercial and business disputes in federal and state courts, including matters involving breach of contract, restrictive covenants, tortious interference, breach of fiduciary duty, misappropriation, conversion, unjust enrichment and fraud.

In white collar criminal investigations and litigation, Russ represents Wolff & Samson clients in connection with investigations conducted by the Department of Justice. Russ also served on a legal team that advised, assisted and conducted internal investigations on behalf of a federal monitor appointed by the U.S. Attorney’s Office.

Russ also advises on information security issues under federal and state laws, including Gramm-Leach-Bliley obligations and disclosure obligations upon breach of information security. Russ co-authored the article, “Information Security Breaches: New York and New Jersey Disclosure Requirements,” which appeared in the August 2007 edition of the Andrews Privacy Litigation Reporter.

Russ represents clients in diverse venues, from federal and state courts in New York and New Jersey to arbitrations throughout the country. In 2005, he obtained dismissal for a major broker-dealer before the New York State Supreme Court, New York County, in a case involving a $2 million claim for negligence and breach of fiduciary duty against various financial institutions.

In February 2009, Russ successfully tried an investor suit in which the claimant sought compensatory and punitive damages from a major broker-dealer client as a result of an alleged wrongful liquidation of a margin account. FINRA found in favor of the client, and also awarded the client its entire counterclaim for the margin debit balance.

Russ gained unique experience as in-house counsel for a major broker-dealer during an attorney secondment program with a client in 2005, and again as seconded in-house regulatory counsel for another broker-dealer client in 2009.

Russ graduated with honors from New York University and St. John’s University School of Law. He was a member of the St. John’s Law Review during the 1999-2000 term, and the associate managing editor of the Law Review in 2000-2001. Prior to joining the firm, Russ was a litigation associate in the New York City offices of Cahill Gordon & Reindel LLP.