Securities Litigation, Regulatory and Enforcement Actions
Audette regularly defends financial services firms, financial advisors and registered investment advisers in securities litigation and regulatory matters. Her practice includes defending claims for unsuitability, negligence, breach of fiduciary duty, fraud, unauthorized trading, churning, elder abuse, breach of contract, violation of federal and state securities and consumer protection laws, and related claims before the Financial Industry Regulatory Agency (FINRA) and in state superior and appellate courts as well as federal court. Audette’ experience spans numerous financial services products and offerings, including publicly traded stocks, mutual funds, municipal bonds, corporate bonds, REITs, ETFs, CDOs, mortgage-backed obligations, private placements, initial public offerings and secondary offerings. Audette also frequently assists clients with FINRA and SEC investigations, examinations and on-the-record interviews, and consults with clients on regulatory hot topics such as senior investor protection. She also handles Central Registration Depository (“CRD”) record expungements through FINRA on almost a daily basis. Additionally, Audette has performed securities class action work and represented parties in a significant SEC receivership action. She has also spoken before professional groups on topics related to the securities industry, including securities and regulatory trends, subpoenas and related third-party actions, and broker-dealer and registered investment adviser (“RIA”) record retention requirements.
Real Estate Litigation, Negotiation and Advisory Experience
Audette represents hospitality, corporate and individual clients in landlord-side real estate matters involving commercial and residential properties on a daily basis. In her practice, she regularly handles tenant disputes as well as lease and contract negotiations. Representative matters include new tenant move-ins, lease amendments, enforcement of lease provisions, collection of CAM, lease termination agreements, temporary relocation agreements, coordinating tenant relocations, handling issues related to tenant claims of uninhabitability, tenant accommodations, tenant subleases, insurance (property, general liability and professional liability) policy analysis, start-to-finish eviction proceedings throughout Southern California (beginning with preparing required notices, filing of unlawful detainer complaints, handling trial or negotiating a settlement, through Sheriff’s instructions and lock out), and litigation involving the California Coastal Commission. She has also assisted real estate investment clients in all aspects of forming limited liability companies.
Mortgage Banking Litigation
Audette’ practice also focuses on mortgage banking, where she defends claims involving individual lending transactions, including both origination and servicing claims. Some of the matters in which Audette serves as counsel include the defense of wrongful foreclosure and fraud claims, claims involving promised or failed loan modifications, unfair business practices, statutory consumer lending violations, HBOR and HAMP-related claims, lien priority disputes, boundary and easement disputes. She also handles matters involving errors in title documents and lending documents, title insurance coverage and force-placed insurance.
Business Litigation
Audette regularly represents and consults with clients on a wide variety of business and litigation matters. Her education and experience, coupled with her practical approach to litigation, enable her to successfully manage and resolve multi-party and complex business disputes across various corporate sectors. Representative matters Audette has handled include Temporary Restraining Orders/Preliminary Injunctions, breach of lease cases, breach of contact cases across numerous industries, including contract disputes for the City of Long Beach, legal malpractice claims, and Americans with Disabilities Act (“ADA”) cases.
Subpoenas, Levies and Garnishments
Audette consistently assists corporate clients with third-party subpoenas, levies, and garnishments, which often include matters pending in civil, family, probate, and bankruptcy court, as well as FINRA arbitrations, across the country. The services she provides range from providing procedural and substantive guidance to clients to full service handling of these matters. In 2018, Audette spoke on the topic of third party subpoenas at the Independent Broker Dealer Consortium, a notable industry conference.
Interpleaders, Judgment Enforcement and Collections
Audette regularly assists financial institution and corporate clients with interpleader actions when they find themselves in the midst of competing claims to, or a dispute as to ownership of, account or other assets. Audette takes a practical and proactive approach in the handling of these matters in order to avoid exposure to double or multiple liability to the parties claiming an interest in the assets. She also assists corporate clients in connection with judgment enforcement matters. She has located and seized real property and assets following judgment, litigated broker promissory note cases, and advised on various levy and execution matters.
Litigation and Advisory Matters Involving Trusts, Guardianships, Conservatorships and Financial Exploitation
Audette regularly advises and represents financial services clients with respect to issues involving trusts, guardianships, and conservatorships, as well as instances of financial exploitation of elderly or vulnerable customers. Her clients recognize and appreciate her unique insight and thoughtful handling of these matters.
Employment
Audette regularly assists clients in court, arbitration and administrative proceedings involving business issues that arise in the context of employment cases, including litigation over employee contracts, buy-out and transition agreements, company equity and stock option plans and agreements, company valuations, and related claims involving breach of business agreements, fraud and misrepresentation. She has also represented employers in matters involving discrimination, harassment, retaliation, wrongful termination, wage and hour, trade secret, and raiding claims, as well as assisted clients with investigations and advisory matters, including creating employee policy manuals.
Appellate Cases and Published Arbitration Awards
Audette has prepared appellate briefs and argued matters before the Ninth Circuit. Unpublished Opinion: Barry M. Webb v. David Hadzicki, et al., 2014 Cal. App. Unpub. LEXIS 2924 (Apr. 25, 2014). She has also acted as counsel in more than 40 published arbitration awards.