Terry R. Weiss

Terry R. Weiss

Shareholder

With nearly 30 years of practical experience, Terry R. Weiss focuses his practice on representing the securities industry in the full range of legal disputes. In that capacity, he represents broker-dealers, investment advisors, prime brokers and securities industry professionals in regulatory and enforcement matters, civil litigation and arbitrations and internal investigations.

Terry has served as lead counsel in more than 100 cases that have been tried. He and his team are experienced in taking cases through trial and being brought into existing cases to partner with counsel when settlement efforts have failed and there is a renewed expectation that the case is going to go forward toward trial or arbitration. An important part of his practice includes the defense of enforcement matters before the various securities industry regulators, including the SEC, FINRA and the various states. Terry is also called upon to lead internal investigations that are often linked to enforcement matters or litigations.

Concentrations

  • Securities enforcement
  • Securities litigation and arbitration
  • Broker-dealer
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Capabilities

Experience

  • Gray Financial Group, Inc., Laurence O. Gray, and Robert C. Hubbard, IV v. U.S. Securities and Exchange Commission, Case No. 15-13738, United States Court of Appeals for the Eleventh Circuit; and
  •  Gray Financial Group, Inc., Laurence O. Gray, and Robert C. Hubbard, IV v. United States Securities and Exchange Commission, U.S.D.C., N.D. Ga., Case No. 1:15-cv-0492-LMM.
  • Morgan Keegan & Company, Inc. v. John J. Garrett et al., 5th Cir. Ct. App., Case No. 11-20736, reversing, Morgan Keegan & Company v. John J. Garrett, et al., Civil Action No. 4:10-cv-04309 (S.D. Tex. 2011) (vacating $9.2 million arbitration award).
  • Morgan Keegan & Company, Inc. v. Horace Grant, 9th Cir. Ct. App., Case No. 10-56166, affirming, Morgan Keegan & Company v. Horace Grant, Case No. CV 09-07369 SJO (C.D. Cal. 2010) (vacatur motion based on bias).
  • Pack v. Benjamin Stanley, et al., Civil Action No. 1:10-cv-02200-AT (N.D. Ga. 2011) (dismissing alleged $15 million securities suit for pleading deficiencies with no right to re-plead).
  • Brown v. J.P. Turner & Company, Civil Action No. 1:09-cv-02649-JEC (N.D. Ga. 2011).
  • In re J.P. Turner & Company, LLC, Initial Decision Rel. No. 395 (May 19, 2010 SEC LEXIS 1656) (Reg SP SEC enforcement action).
  • Instituto De Prevision Militar v. Merrill Lynch, 546 F.3d 1340 (11th Cir. 2008).
  • Cordova v. Lehman Bros., Inc., 526 F.Supp.2d 1305 (S.D. Fla. 2007).
  • Cordova v. Lehman Bros., Inc., 237 F.R.D. 471 (S.D. Fla. 2006).
  • Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Coe, 313 F.Supp.2d 603 (S.D. W.Va. 2004).
  • GCA Strategic Inv. Fund, Ltd. v. Joseph Charles & Associates, Inc., 245 Ga. App. 460, 537 S.E.2d 677 (2000).
  • Cullen v. Paine, Webber, Jackson & Curtis, Inc., 863 F.2d 851 (11th Cir. 1989).
  • O.R. Securities, Inc. v. Professional Planning Associates, Inc., 857 F.2d 742 (11th Cir. 1988).

Recognition & Leadership

  • Listed, Super Lawyers magazine, Georgia Super Lawyers, 2006, 2010-2018
    • "Top 100 Lawyers in Georgia," 2012-2016
  • Listed, Chambers USA Guide, 2012-2017
  • Listed, The Legal 500 United States, Litigation - Securities - Shareholder Litigation, 2012-2017
  • Listed, Georgia Trend magazine, "Legal Elite," 2009-2013 and 2015
  • Team Member, Fulton County Daily Report, "Georgia Litigation Department of the Year," Securities Litigation, 2013
  • Team Member, a Law360 "Employment Practice Group of the Year," 2011 & 2013
  • Team Member, a Law360 "Appellate Practice Group of the Year," 2010
  • Rated, AV Preeminent® 5.0 out of 5

AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Board Member, ART PAPERS, Board of Directors, 2015-Present
  • Member, American Bar Association
    • Editor, Broker-Dealer Litigation Survey, 2008-2014
    • Co-Chair, Broker-Dealer Litigation Committee, 2010-2011
  • Arbitrator, Financial Industry Regulatory Authority (FINRA), Securities Industry Panelist 
  • Board Member, High Museum of Art, Director’s Circle
  • Outside Counsel Member, Securities Industry and Financial Markets Association (SIFMA)

Credentials

Education
  • J.D., Emory University School of Law, 1986
    • Recipient, Book Award
  • B.A., with high honors, Emory University, 1983
Admissions
  • Georgia
  • Florida
  • Supreme Court of the United States
  • Supreme Court of Florida
  • Supreme Court of Georgia
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Southern District of Florida