About Your Securities & Investment Fraud Attorney
Attorney Diane A. Nygaard has been representing victims of securities and investment fraud across the nation since graduating from Harvard Law School, where she served as an officer of the Harvard Legal Aid Bureau. She is a member of the bars of Colorado, Kansas and Missouri and has successfully represented individuals, trusts, groups of investors, many not-for-profits, and has been appointed to represent classes of shareholders and owners of annuities and life insurance in class actions.
Experience in Securities, Litigation and Arbitration
Ms. Nygaard is a former President of PIABA, the Public Investors Arbitration Bar Association, has been listed as one of The Best Lawyers in the U.S. for securities litigation for the last 12 years, and has been quoted by the Wall Street Journal, The New York Times, Business Week, and other newspapers about her securities arbitration results, including the largest settlement in Kansas history–a $200,000,000 settlement for Kinder Morgan shareholders in a shareholder’s derivative case.
A History of Dedication
Prior to opening her own practice, Ms. Nygaard was a partner in a large law firm that represented Merrill Lynch and Morgan Stanley, and also served as an adjunct professor of law. She taught securities law, advanced civil procedure, corporate law, and legal research and writing.
In 1986 she opened her own practice specializing in professional negligence, securities litigation and arbitration. She has represented hundreds of American and foreign investors in FINRA arbitrations and thousands of class members in securities and insurance fraud class actions against brokerage firms, insurance companies, stockbrokers, financial planners, investment advisors and trustees. She has also been appointed to represent Plan Participants in ERISA claims against fiduciaries of pension plans.
Success in Investments & Securities Fraud
In 2011, the Kinder Morgan shareholders’ derivative case settled for $200,000,000. She was appointed to serve as co-lead counsel of this case. She has also served on the steering committee of several class actions, many of which settled for over $100,000,000.
She represents families, groups of investors, businesses, trusts, and not-for-profits when they have been defrauded by their investment advisors. Her work on these securities arbitrations has resulted in recovery of tens of millions of dollars. These cases typically involve churning, misrepresentation, annuity switching, unsuitable recommendations, and breach of fiduciary duty claims under federal and state securities and consumer protection laws.
Currently, Ms. Nygaard is investigating misrepresented oil and gas partnerships, REITs, stocks and bonds. She recently won such an arbitration case for a well-known retired businessman who suffered from Parkinson’s disease. His broker sold him high commission, speculative and illiquid real estate investments, annuities and variable universal life insurance by telling him they were safe. The panel ordered the brokerage firm, Ameriprise, to buy back his REITs (real estate investment trusts) and compensate him for the large fees for Plans, variable universal life and annuities sold to him.
Recent settlements include recovering the losses and commissions for an elderly widow whose broker churned her account—buying and selling stocks every week in the two years after her husband’s death, recovery of losses for a businessman whose broker recommended options trading without explaining its risks, and recovery of churning losses for a not-for-profit that helps disabled people use adaptive technology to support themselves.