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Andrew R. Shedlock

Partner

Andrew is a seasoned litigator with a specialized focus on representing broker-dealers, Registered Investment Advisors (RIAs), financial planners, Certified Financial Planners® (CFPs®), financial advisors, and other financial institutions and professionals. His expertise spans litigation, arbitration, defense against regulatory enforcement actions, and general regulatory and compliance matters. Andrew excels in managing broker and advisor transition matters, offering strategic guidance and counsel to advisors and brokers transitioning to independence through all stages of the process, as well as overseeing buy/sell transactions of varying sizes. He frequently advises financial professionals on transitioning their practices and resolving solicitation and non-compete issues.

Andrew's extensive experience includes handling a broad spectrum of securities regulatory and litigation matters. He has represented broker-dealers, investment advisers, registered representatives, and others in private and public investigations and enforcement proceedings initiated by the SEC, FINRA, and other self-regulatory organizations, as well as state regulators. His securities litigation defense practice encompasses:

  • FINRA customer arbitration claims related to unauthorized trading, sales practice violations, and suitability allegations;
  • Securities and shareholder litigation across various jurisdictions nationwide;
  • FINRA intra-industry business disputes;
  • FINRA employment matters concerning wrongful termination, Form U4/U5 expungement, and defamation;
  • Broker and advisor transition litigation.

Andrew's securities enforcement defense practice for broker-dealer organizations, RIAs, and other financial advisor groups includes:

  • SEC Investigations;
  • FINRA Disciplinary Proceedings;
  • FINRA 8210 Notices;
  • FINRA Letters of Inquiry;
  • SEC Enforcement Actions;
  • Responding to investigations from state securities regulators.

Additionally, Andrew provides regular counsel on business formation and corporate structuring for RIAs and other members of the securities and financial planning industries. This includes advising on buy/sell agreements and practice transition issues, particularly for advisors and brokers pursuing independence. He is actively involved with the Financial Planning Association of Minnesota and regularly advises broker-dealers, Registered Investment Advisors, and Certified Financial Planners® on regulatory compliance and business transactions both in Minnesota and nationwide.

In his commercial litigation practice, Andrew represents closely held businesses, financial services companies, creditors, banks, small businesses, and contractors. His experience includes litigating breach of contract and enforcement of agreements, partnership/joint venture disputes, business torts, breach of fiduciary duty allegations, and shareholder issues in state and federal courts across the country, including numerous arbitration forums.

As a small part of his practice, Andrew also advises entrepreneurs and businesses on Non-Fungible Tokens (NFTs), cryptocurrency, and Bitcoin, addressing securities and contract matters in these areas. Leveraging his securities and regulatory background, Andrew and his team at Kutak Rock assist participants in the crypto space to comply with laws and regulations, proactively driving development and investments in this evolving sector.

Beyond his focus on the securities industry, Andrew tenaciously represents clients in a broad range of general commercial and business litigation matters. These include contract disputes, real estate disclosure cases, employment matters, Fair Credit Reporting Act (FCRA) litigation and advice, business and shareholder disputes, insurance coverage litigation, and land use matters. His representation covers the full spectrum of site investigations, discovery, depositions, dispositive motion practice, and trial.

Publications
  • "A.U.M. - How Advisors Can Legally Protect Themselves When Using AI," April 2024 (VLOG)
  • "FINRA 2021 Enforcement Update," September 2021; A collection of Financial Industry Regulatory Authority Disciplinary Actions 
  • "COVID-19: Business Interruption Insurance Suit Examination," April 2020 (author)
  • "5 Ways to Invest in Real Estate with Tips from the Pros," Fit Small Business, October 2018 (Quoted)
  • "26 Tips for Landlords from the Pros," Fit Small Business, November 2017 (Quoted)
  • "Deposition Tips For Lawyers," Conferencecalling Blog, October 2017 (Quoted)
  • "Supreme Court Limits Where Companies Can Be Sued for Personal Injuries," Bigger Law Firm, June 2017 (Quoted)
  • "How Restaurant Owners Fight Bad Reviews Online," AvvoStories, May 2017 (Quoted)
  • “Robos Beware: How to Keep FINRA Away,” January 2016
  • “Constructing Your Network: Business Trends and Business Development,” LinkedIn, November 2015 (author)
Presentations
  • "Legal Safeguards for Advisors Utilizing AI," The Kalli Collective "Live at Lunch," April 29, 2024
  • “The Proposed SEC Reporting Modifications for Investment Companies: Keep Your Firms on Track,” The Knowledge Group Webinar, December  2015
Government Service
  • California State Assemblyman Kevin Jeffries, Legislative Director, 2007-2010
  • Jesse M. Unruh, Assembly Fellow, 2006-2007

  • Authored appellate brief before Eighth Circuit Court of Appeals that successfully reversed District Court’s order regarding life insurance policy coverage in precedent-setting opinion. Yang v. Farmers New World Life Insurance Company, 898 F.3d 825 (8th Cir. 2018).
  • Successful oral argument before Minnesota Court of Appeals regarding bankruptcy court jurisdiction and fraudulent transfer action. Forster v. Theis, 906 N.W.2d 846 (Minn. Ct. App. 2017).
  • Authored appellate brief before Eighth Circuit Court of Appeals affirming client’s successful dismissal of case relating to breach of contract. Little Otters of Love, LLC v. Rosenberg, et al., 724 Fed. Appx. 498 (8th Cir. 2018).
  • Authored motion successfully transferring breach of contract litigation matter from the United States District Court for the Central District of California to United States District Court for the District of Minnesota. Speed RMG Partners, LLC, et al v. Arctic Cat Sales, Inc., et al, Case No. CV 19-2362 FMO (GJSx) (C.D. Cal. Feb. 23, 2020).
  • Represented investment bank in successfully compelling production of documents from third-party in financial services litigation. B. Riley FBR, Inc. v. Clarke, 2020 WL 2488045 (D. Minn. May 13, 2020).
  • Represent broker/dealer in federal court litigation regarding allegations of investment fraud and due diligence related to investments in startup entity involving multi-state raise, including successfully dismissing portions of case. In re: OneJet, Inc., 2020 WL 2617043 (W.D. Pa. Bk. May 22, 2020).
  • Second-chaired three-day FINRA arbitration hearing resulting in $225,000.00 judgment for client in investment fraud dispute. Carson v. Suter, et. al, FINRA Case No. 11-02400. 
  • Counsel to clients in multiple FINRA enforcement matters and FINRA investigations.
  • Counsel to clients in multiple SEC investigations and SEC enforcement matters.
  • Counsel to independent brokerage firms in FINRA arbitrations and other litigation matters.

 

Super Lawyers® Rising Stars, 2021-2022