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/Mediation, Consumer - Arbitration/Mediation
- Trust and Estate Litigation
- Fiduciary Litigation
- Credit Cards Accepted
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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
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- Washington
- Washington State Bar Association
- ID Number: 51728
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- U.S. District Court, District of Oregon
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- English: Spoken, Written
- Partner
- Samuels Yoelin Kantor LLP
- - Current
- Associate
- Banks Law Office PC
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- Lewis & Clark Law School
- J.D. (2012)
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- Honors: Magna Cum Laude
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- Columbia University
- M.A. (2003)
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- Reed College
- B.A. (2001)
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- Honors: Phi Beta Kappa
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- Outstanding Service Award
- Public Investors Advocate Bar Association
- Top Rated Securities Litigation Attorney, Rising Stars 2021, 2022
- Oregon Super Lawyers
- Multnomah Bar Association
- Member
- Current
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- Oregon Women Lawyers, Portland Chapter
- Member
- Current
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- Oregon State Bar Appellate Practice Section
- Executive Committee
- - Current
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- FINRA's National Arbitration and Mediation Committee
- Public Member
- - Current
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- Washington State Bar # 51728
- - Current
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- Public Investors Advocate Bar Association (PIABA)
- Director
- - Current
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- Oregon State Bar # 124172
- - Current
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- Oregon State Bar Securities Regulation Section
- Chair
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- 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 Developments at FINRA, 33rd Annual Northwest Securities Institute, Portland, OR
- Latest Developments in FINRA Securities Arbitration, 17th Annual ABA Section of Dispute Resolution Spring Conference, Seattle, WA
- ABA
- Creditors’ Claims, 2015 ABCs of Decedents’ Estate Administration, Portland, OR
- Oregon Law Institute
- Clearing Firm Liability, Securities Law Seminary, Ponte Vedra Beach, FL
- PIABA
- Blowing the Whistle Under Dodd-Frank & SOX: The SEC’s and CFTC’s Whistle-blower Program, Securities Law Seminar, San Diego, CA
- PIABA
- Moderator
- 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.
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