Erwin J. Shustak

Attorney Profile

Top Rated Securities Litigation Attorney in San Diego, CA

Shustak Reynolds & Partners, P.C.
 | 401 West A Street, Suite 2200
San Diego, CA 92101
Phone: 619-696-9500
Fax: 619-615-5290
Selected to Super Lawyers: 2007 - 2009, 2015 - 2019
Licensed Since: 1985
Practice Areas:
  • Securities Litigation (40%),
  • Business Litigation (30%),
  • Business/Corporate (10%),
  • Alternative Dispute Resolution (10%),
  • Securities & Corporate Finance (10%)
Attorney Profile

Erwin J. Shustak, Esq. is a founding and managing partner of the law firm Shustak Reynolds & Partners, a securities, corporate finance and business law firm with offices in New York City and San Diego, California, and a global reach. Mr. Shustak heads the firm’s litigation and arbitration department and he specializes in:

  • Securities law and corporate finance
  • Complex securities and business litigation
  • Securities and financial fraud
  • Intellectual property disputes, including trademark disputes
  • Unfair competition
  • Real estate and construction disputes

Mr. Shustak has handled and overseen hundreds of cases of litigation and arbitration in federal and state courts and arbitration forums across the country. He has represented virtually all types of public organizations and private companies, including financial institutions, government agencies, manufacturing firms, broker-dealers, hedge funds, registered representatives and defrauded investors.

Mr. Shustak has earned the recognition of his peers, including honors such as:

-Named one of "The Best Lawyers in America" for his expertise in securities regulation in 2017, 2018,  2019 and 2020.

-Erwin and his firm were named a Tier 1 law firm by U.S. News & World Reports for 2018 and 2019 as a Best Law Firm.

-Selected as the "Top Corporate Lawyer of 2016" by the readers of Fine Magazine.

-Named one of San Diego's "Best of the Bar" in 2014, 2015  and 2016.

-Named a SuperLawyer© eight  times by SuperLawyer Magazine, published by Thompson Reuters, for his peer recognition and professional achievements in securities and business litigation;

-Rated 10 out of 10 by AVVO.

-Named a "Top Litigator of 2014" by American Lawyer and Corporate Counsel magazines.

-Selected as one of the "Top Lawyers in San Diego" and "One of the Top Lawyers and Law Firms You Need to Know" in the 2013, 2014, 2015, 2016,  2017, 2018 and 2019 by San Diego Magazine.

-Lifetime Member of the Multi-Million Dollar Advocates Forum for having obtained a number of multi-million dollar jury and arbitration awards for his clients.

-Honored as a "Top Rated Lawyer of 2013" in the field of Commercial Litigation by Corporate Counsel and The American Lawyer magazines published by American Legal Media.

-Honored as a "Top Rated Lawyer of 2013" in the field of Commercial Litigation by Corporate Counsel and The American Lawyer magazines published by American Legal Media.

-Selected as a "Top Influential of 2012" by the San Diego Daily Transcript.

-Selected as a "Top Rated Attorney of 2012" by Martindale Hubbell and American Law Media Publication.

-Ranked AV (the highest), since 1985 by Martindale Hubbell, the leading  peer-review, for outstanding practice of law and the highest ethical standards.

His memberships include:

  • The Association of Trial Lawyers of America
  • The Federal Bar Council
  • The Association of  Business Trial Lawyers of San Diego
  • The New York and California State Bar Associations

New York and San Diego lawyer Erwin J. Shustak is admitted to the state and federal courts of California, New York and New Jersey; the 2nd, 3rd, 5th and 9th U.S. Circuit Courts of Appeals; and the United States Supreme Court. He also serves as arbitrator for the Financial Industry Regulatory Authority and the National Futures Association, among others.

Mr. Shustak and his legal partners are regularly quoted in national media, including the New York Times, the Wall Street Journal, Treasury and Risk Management and other major business and financial periodicals.

(Super Lawyers directory listing URL:http://www.superlawyers.com/california-san-diego/lawyer/Erwin-J-Shustak/64fd26a8-31d1-45cd-ba43-3c07170cbb48.html )

*Martindale-Hubbell produces an annual national publication that rates attorneys based on comprehensive peer-review evaluation. The AV rating is the highest rating an attorney or a law firm can receive.

FINRA Lawyers and Attorneys
http://www.shufirm.com/practice-areas/sec-finra-and-regulatory-investigations

SEC Lawyers and Attorneys
http://www.shufirm.com/practice-areas/sec-finra-and-regulatory-investigations

FINRA Defense Lawyer and Attorneys
http://www.shufirm.com/practice-areas/broker-misconduct

FINRA and SEC Investigation Lawyers and Attorneys
http://www.shufirm.com/practice-areas/sec-finra-and-regulatory-investigations

Financial Fraud Lawyers and Attorneys
http://www.shufirm.com/practice-areas/financial-fraud

Finra Defense Attorneys and Lawyers
http://www.shufirm.com/practice-areas/brokerage-firm-defense

 
Practice Areas

Securities Litigation (40%)
Business Litigation (30%)
Business/Corporate (10%)
Alternative Dispute Resolution (10%)
Securities & Corporate Finance (10%)

Securities Litigation (40%)

Business Litigation (30%): Trade Secret, Non-Compete Agreements

Business/Corporate (10%): Limited Liability Companies, Business Organizations

Alternative Dispute Resolution (10%): Arbitration, Mediation

Securities & Corporate Finance (10%): Securities Law

Focus Areas

Trade Secret, Non-Compete Agreements, Limited Liability Companies, Business Organizations, Arbitration, Mediation, Securities Law

Selections

Selected to Super Lawyers for 8 yearsbottom-image

Super Lawyers: 2007 - 2009, 2015 - 2019

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About Erwin Shustak

Admitted: 1985, California

Professional Webpage: http://www.shufirm.com/attorneys/attorney-list/erwin-j-shust...

Honors/Awards:

  • Graduated College Cum Laude, with Highest Degree in the field of Economics, One of the Editors Top Ten Attorneys, San Diego Daily Transcript, 2005
  • AV Rating, Martindale-Hubbell
  • Named a SuperLawyer© seven times by SuperLawyer Magazine, published by Thompson Reuters, for his peer recognition and professional achievements in securities and business litigation, SuperLawyer, 2018
  • Erwin and his firm were selected by U.S. News as one of the Best Lawyers, Best Law Firms of 2018, an honor bestowed on a very small percentage of American law firms based on client as well as peer reviews, "Best Law Firm", U.S. News & World Reports, 2018
  • Member Law Review, selected on the basis of academic excellence
  • Selected as the "Top Corporate/Commercial Lawyers of 2016" by the readers of Fine Magazine, 2016
  • Named one of the “Top Lawyers in San Diego” and “One of the Top Lawyers and Law Firms You Need to Know” in the 2017, 2016, 2015, 2014 and 2013 annual Attorneys editions of San Diego Magazine, Top Lawyer, 2017
  • Selected as the Editors "Top Ten Attorneys" by the San Diego Daily Transcript in 2005.
  • Selected by his peers for inclusion in the 23rd and 24th Editions (2017; 2018) of Woodward White’s “The Best Lawyers in America©" for his work in Financial Services Regulation Law. Best Lawyers© is the oldest and most respected peer-review publication in the legal profession and recognizes only the top 5% of attorneys in the country, Best Lawyers, 2018
  • Voted one of San Diego’s “Best of the Bar” in 2015 and 2014, Best of the Bar San Diego, 2015

Special Licenses/Certifications:

  • Selected by his peers for inclusion in the 23rd,  24th, 25th and 26th  Editions (2017, 2018, 2019 and 2020) of Woodward White’s “The Best Lawyers in America©" for his work in Financial Services Regulation Law. Best Lawyers© is the oldest and most respected peer-review publication in the legal profession and recognizes only the top 5% of attorneys in the country, 2018

Bar/Professional Activity:

  • U.S. District Court Northern District of New York, 1977
  • U.S. District Court District of New Jersey, 1976
  • Business Trial Attorneys of San Diego, 1998
  • U.S. District Court Northern District of California, 1998
  • New York, 1977
  • U.S. Court of Appeals 5th Circuit, 1978
  • Member, New York Bar Association
  • U.S. District Court Eastern District of New York, 1977
  • U.S. District Court Western District of New York, 1977
  • U.S. District Court Eastern District of California, 1998
  • Member, American Association for Justice
  • U.S. Court of Appeals 2nd Circuit, 1978
  • Member, Association of Business Trial Lawyers of San Diego
  • U.S. Supreme Court, 1985
  • Mandatory Fee Arbitration Committee, San Diego County Bar Association, 2000 - present
  • U.S. District Court Southern District of New York, 1977
  • U.S. District Court Central District of California, 1998
  • California, 1985
  • U.S. District Court Southern District of California, 1998
  • New Jersey, 1976
  • U.S. Court of Appeals 9th Circuit, 1998
  • Member, California State Bar Association

Pro bono/Community Service:

  • Arbitrator, National Futures Association
  • Arbitrator, FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA) FOR OVER 25 YEARS  

Scholarly Lectures/Writings:

  • Raising Capital - From Startup Financing to Public Offerings
  • Has been quoted in a number of leading publications, including, The New York Times, Wall Street Journal and Money Magazine
  • Has been interviewed by, CBS, NBC, CNBC and Various Cable Channels

Verdicts/Settlements:

  • Chiavarelli v. Williams, 1998 N.Y. App. Div. LEXIS 13249
  • Estate of Aronoff, 653 N.Y.S.2d 844, 171 Misc.2d 172 (New York County 1997)
  • Fisher v. Shearson Lehman Hutton (Arbitration) , (American Stock Exchange 1992)
  • Lieberman v. Financial Northeastern Securities, Inc., FINRA No. 10-00231.  For a broker-dealer client, Erwin obtained a completel dismissal of the arbitration prior to hearings, an outcome rarely acheived in FINRA arbitrations., 2013
  • University Mews Associates v. Jean Marie, et al, 471 N.Y.S.2d 457, 122 Misc.2d 434 (New York County 1997)
  • Financial Northeastern Securities, Inc. v. Steel, et al. (Arbitration) , (National Association of Securities Dealers 1997)
  • Bradford Underdahl v. Morgan Stanley, FINRA Case No. 11-0324. Obtained an award of $320,000.00 for a former Morgan Stanley representative against the firm., 2013
  • Ronald W. May and Kathryn R. Chapman vs. LPL, FINRA Case No. 07-02717.  Erwin represented two orphans who lost their entire inheritance when their long time family friend and trustee, an LPL broker, stole all of their inheritance.  The award included interest and legal fees to make our clients whole.  Award in clients' favor of $1.8 million., 2012
  • Merritt v. United States of America, et al, 960 F.2d at 15 (2nd Circuit 1992)
  • Podsiadlo v. Deutsche Morgan Grenfell, Inc., et al (Arbitration) , (American Stock Exchange 1998)
  • Todd G. Vitale and John P. Paladino v. Morgan Stanley, FINRA Case No. 11-01633, award of $4,965,016 in favor of two Morgan Stanley representatives against the firm., 2013
  • Donald H. Brown v. Fidelity Brokerage Services LLC, FINRA Case No. 10-05727.  Erwin and his  firm represented an elderly widower who claimed Fidelity erroneously opened what should have been a joint account with right of survivorship as a co-tenancy account which caused substantial estate tax and other problems for our client.  Award of $622,250.00 for our client., 2012

Representative Clients:

  • Apparel America, Inc.
  • Uniroyal Holding Company
  • Aruba Tourism Authority
  • Chase Securities of Texas
  • The Hindu Temple Society of North America
  • Financial Asset Management, Inc.
  • New York Life insurance Co.
  • Lightolier
  • Zillion S.A.
  • Bank of Bermuda (New York) Limited
  • Federal Deposit Insurance Corporation
  • Continental Insurance Co.
  • Mellon Bank (Delaware)
  • Computer Power, Inc.
  • Zumtobel  Lighting AG
  • AXA Reassurance SA
  • Ecuadorian Consulate and Trade Mission
  • Commercial Union Assurance Company, plc
  • Resolution Trust Corporation
  • Financial Northeastern Securities, Inc.

Educational Background:

  • B.A.- Rutgers College, New Brunswick, New Jersey, 1973. Phi Beta Kappa, Cum Laude and Highest Distinction in Economics; Omicron Delta Epsilon, National Economics Honor Society.
  • Student Bar Association, 1975-76

Industry Groups

  • Brokerage Firms
  • Corporations
  • Financial Institutions
  • Hedge Funds
  • Investors
  • Registered Investment Advisors
  • Registered Representatives
  • Shareholders And Partners
Find Me Online
Website - www.shufirm.com
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Office Location for Erwin J. Shustak

401 West A Street
Suite 2200
San Diego, CA 92101

Phone: 619-696-9500

Fax: 619-615-5290

Erwin J. Shustak:

Last Updated: 7/23/2019

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