
Darlene Pasieczny
Litigation Attorney for FINRA Arbitration, Trust and Estate Disputes, Appeals
Darlene Pasieczny ("Pah-shetch-nee") is a securities and fiduciary litigator and appellate attorney at Samuels Yoelin Kantor LLP. She leads the Investor Defenders practice group to recover investment losses caused by broker or registered financial adviser misconduct or defective securities products, in FINRA arbitration and other dispute resolution forums.
Darlene also represents trustees, personal representatives, beneficiaries, and interested parties in trust and estate disputes such as will contests, undue influence claims, nonjudicial amendments to trust terms, and elder financial abuse cases. These are typically cases brought before probate courts.
Darlene is also an experienced appellate attorney, having successfully represented clients in civil appeals before the Oregon and Washington appellate courts, in briefing to the Supreme Court of the United States, and before the Bankruptcy Appellate Panel for the Ninth Circuit.
- Securities Law
- Stockbroker & Investment Fraud
- Appeals & Appellate
- Civil Appeals
- Arbitration & Mediation
- Business Arbitration, Consumer Arbitration
- Trust and Estate Litigation
- Fiduciary Litigation
-
Free Consultation
Initial consultation up to one hour of time is typically without charge to see if your matter is something that I might be able to assist with. - Credit Cards Accepted
-
Contingent Fees
Fee arrangements may include contingency, billable hour, or hybrid of the two. It depends on the case and situation, and I am happy to discuss what fee structure is available during the initial consultation.
- Oregon
- Oregon State Bar
- ID Number: 124172
-
- Washington
- Washington State Bar Association
- ID Number: 51728
-
- U.S. District Court, District of Oregon
-
- English: Spoken, Written
- Partner
- Samuels Yoelin Kantor LLP
- - Current
- Associate
- Banks Law Office PC
- -
- Lewis & Clark Law School
- J.D. (2012)
- -
- Honors: Magna Cum Laude
-
- Columbia University
- M.A. (2003)
- -
-
- Reed College
- B.A. (2001)
- -
- Honors: Phi Beta Kappa
-
- Outstanding Service Award
- Public Investors Advocate Bar Association
- Top Rated Securities Litigation Attorney, Rising Stars 2021, 2022
- Oregon Super Lawyers
- Oregon State Bar Appellate Practice Section
- Executive Committee
- - Current
-
- FINRA's National Arbitration and Mediation Committee
- Public Member
- - Current
-
- Washington State Bar  # 51728
- - Current
-
- Public Investors Advocate Bar Association (PIABA)
- Director
- - Current
-
- Oregon State Bar  # 124172
- - Current
-
- States Adopting NASAA's Model Act to Protect Vulnerable Adults from Financial Exploitation (Mandatory and Permissive Conduct by Financial Advisors)
- PIABA Bar Journal, Vol. 26, No. 2
- New Tools Help Financial Professionals Prevent Elder Abuse
- Oregon State Bar Elder Law Newsletter
- Recent and Upcoming Developments in FINRA Arbitration and Mediation, Practising Law Institute Securities Arbitration 2022, New York, NY
- Financial Elder Abuse - State Civil Claims and Overview of a Financial Elder Abuse Case, PIABA Mid-Year Meeting
- Public Investors Advocate Bar Association
- The Whole Picture: Maximizing Damages in Securities Cases, PIABA Annual Meeting, Amelia Island, Florida
- Public Investors Advocate Bar Association
- Liability Under the Oregon Securities Law: Landscapes and Minefields, Advising Oregon Businesses Fall Series
- Multnomah Bar Association
- Women Lawyers, Arbitrators, and Expert Witnesses, PIABA Annual Meeting, Colorado Springs, CO
- Business Law Certificate
- Lewis and Clark Law School
- Q. Do distributions have to be made to all beneficiaries at the same time?
- A: This may be true. Generally speaking, brokerage firms and custodians of retirement accounts have contractual terms in the account agreement regarding the timing of distributions to named beneficiaries after the death of an account holder. Additionally, depending on state and federal law, and the type of account, the institution may have fiduciary duties to all named beneficiaries. That would mean that it cannot give preferential treatment to one beneficiary to the detriment of another. Complications may arise if there is a "moving target" as to the account valuation and a percent distribution to multiple beneficiaries. If you are running into difficulties in communicating with the firm's customer service representative, you might consider contacting an estate planning attorney or securities litigation attorney. Estate planning attorneys frequently deal with brokerage firms and retirement account custodians, and it could just be a matter of connecting to the right department to clear things up. Alternatively, if a firm is inappropriately withholding distributions to named beneficiaries, a securities attorney may get the firm's attention to take corrective action. Good luck!