Kevin Mcbride

McBride PC focuses on pension litigation, PBGC representation and derivatives litigation for clients in Southern California and nationwide.

Although we are a small firm, we only accept large cases on behalf of employee groups or classes against prominent companies. We typically employ other lawyers and firms to assist, as the case may require.

We particularly focus on the problem of mis-valued investments embedded in pension plans whose fair market value is hidden from pension owners and participants. We have a long history of successful litigation concerning asset valuation, including cases involving:

-- United Airlines (failure to properly value frequent flyer program)
-- Citibank (failure to fairly trade in derivative investments)
-- JPMorgan (failure to properly value proprietary derivative notes)
-- Lazard Freres (failure to properly value ESOP interests of employees)

Additionally, we have successfully represented plaintiffs in large cases against other well-known entities, including:

- IBM: $14 million settlement for small company

- PBGC (United Airlines): $42 million pension increase for 473 retired UAL pilots

- Los Angeles County: vaccination mandate litigation for 683 LA County firefighters

- United Parcel Service/Teamsters Union: independent union organization formed for 1000+ UPS pilots

Our niche is representing employee groups or classes in high-profile litigation against prominent companies.

We do not accept small value cases for individual clients.

• Pension Litigation
• PBGC Representation
• Derivatives Litigation
• Healthcare Sharing
• Insurance Litigation re: Investment Value

• Credit Cards Accepted
• Contingent Fees
  Contingent fees are arranged in class action cases that we accept.
• Rates, Retainers and Additional Information
  We are available to represent large client groups with each client contributing a pro-rata share of the expected litigation cost. This has worked out well for us across multiple cases involving employee groups from 467 clients to 1000+ clients.

California

State Bar of California

ID Number: 116852

Since 1984

Utah

Utah State Bar

ID Number: 04494

Since 1985

Principal Attorney

McBride PC: Los Angeles

2002 - Current

Business litigation involving pension plans, securities, fraud and bankruptcy proceedings in Los Angeles and nationwide.

Investment Advisor

Venture Advisors: Salt Lake City

1999 - 2002

Represented clients in raising venture capital and private placements.

Investment Advisor

Hunter Capital: Park City Utah

1996 - 1999

Assisted with analysis and investment of debt securities.

Attorney

Campbell, Maack & Sessions: Salt Lake City

1992 - 1996

Focused on business litigation and fraud cases.

Attorney

Kevin McBride attorney: Washington DC

1989 - 1992

Represented airline pilots in labor litigation, bankruptcy proceedings and union organizing in Washington DC, including pilots from United Airlines, United Parcel Service, Eastern Airlines and Frontier Airlines.

Attorney

Strong & Hanni: Salt Lake City

1984 - 1989

First law job--complex insurance litigation.

University of Utah

J.D.

1981 - 1984

Honors: Leary Scholar (top 20%)

Activities: Utah Law Review

University of Utah

B.A. (1981) | Economics

1978 - 1981

Honors: Magna Cum Laude

Federal Bar Association

Current

Federalist Society

Current

The Proposed e-Discovery Rules for California

Lexis Nexis Expert Commentaries

May, 2008

Q. Why are financial advisors still able to steal an elderly persons money and victims are not encouraged to press charges

February 26, 2023

A: Your question--why are people allowed to commit crime and fraud--is as old as time. Unfortunately, there are more than a few financial advisors who steal money. The only question is whether something can be done about it...?

Its impossible to tell from the information you provide whether you have a valid claim against your mother's financial advisor. If you want to send me more information about your case privately, I'm happy to review: info@mcbridepc.com. I might also suggest you email Steve Buchwalter (Encino lawyer), who appears on this site. I don't know Steve, but it appears his practice is more directly in line with your issues than is mine.

Best wishes,

Ke vin ... Read More

Q. I developed an algorithm for stocks. It tells you which stock to buy and when. Can I publish these trades in an app ?

November 23, 2022

A: The question is really whether the activities identified in your question would fall under the Investment Advisers Act of 1940 (15 USC s. 80b, et seq.) which identifies advisory activities in section 202(a)(11) (15 USC 80b-2(a)(11) essentially as follows:

an investment adviser means any person or firm that:

- for compensation;

- is engaged in the business of;

- providing advice to others or issuing reports or analyses regarding securities.

A person must satisfy all three elements to fall within the definition of “investment adviser." SEC staff addressed these issues in an extensive interpretive release explaining how the Act applies to financial planners, pension

consultants and other persons who provide investment advice. See the 1987 Interpretive Release No. 1092 (https://www.sec.gov/rules/interp/1987/ia-1092.pdf)

Based on the question you asked, and without more information, I suspect that you, my friend, would fall under the definition of an Investment Adviser by selling an app, or selling a newsletter that publishes the results of your own trades using your app. Its not hard to get a license. And if you're smart enough to create the algorithm you identified in your question to pick stocks, you're definitely smart enough to pass a Series 7 or 63 exam!

Finally, if you really do have an app/algorithm that accounts for the numerous nuances involved in trading (not the least of which is front-running by the algos of large investors) you certainly have something people would want to use. Basically, an algo for the little guy.

Good luck! ... Read More