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INTERACTIVE BROKERS v. BARRY

DOCKET No. A-4197-17T4.

199 A.3d 829 (2018)

457 N.J. Super. 357

INTERACTIVE BROKERS, LLC, and Kevin Michael Fischer, Plaintiffs-Appellants, v. Richard W. BARRY, as Receiver FOR OSIRIS FUND LIMITED PARTNERSHIP, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 31, 2018.

Attorney(s) appearing for the Case

Kevin H. Marino argued the cause for appellants (Marino, Tortorella & Boyle, PC, attorneys; Kevin H. Marino , John D. Tortorella , and Erez J. Davy , Chatham, on the briefs).

Thomas W. Halm, Jr. argued the cause for respondent (Halm Law Group, LLC, attorneys; Thomas W. Halm, Jr. and Patricia A. Lauch , of counsel and on the brief).

Brian F. McDonough , Assistant Attorney General, argued the cause for amicus curiae Chief of the New Jersey Bureau of Securities ( Gurbir S. Grewal , Attorney General, attorney; Brian F. McDonough, of counsel; Katherine A. Gregory , Deputy Attorney General, on the brief).

Before Judges Koblitz, Currier, and Mayer.

The opinion of the court was delivered by

In this matter, arising out of securities law violations, we conclude that a receiver acting on behalf of a defrauded entity may initiate arbitration even if the defrauded investors of the entity will ultimately benefit from any assets recouped in arbitration.

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