Darlene  Pasieczny

Darlene Pasieczny

Litigation Attorney for FINRA Arbitration, Trust and Estate Disputes, Appeals
  • Securities Law, Stockbroker & Investment Fraud, Appeals & Appellate ...
  • Oregon, Washington
Review This Lawyer
Lawyer Rating and Reviews
Legal Knowledge
5.0/5.0
Legal Analysis
5.0/5.0
Communication Skills
5.0/5.0
Ethics and Professionalism
5.0/5.0
Adam Gana
Adam Gana September 1, 2022
Rating: 10 Lawyer Rating - 10 out of 10
Darlene is a terrific overall attorney. She is thorough, communicative and cares about clients.
Badges
Claimed Lawyer ProfileQ&ABlawg SearchSocial Media
Biography

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.

Practice Areas
    Securities Law
    Stockbroker & Investment Fraud
    Appeals & Appellate
    Civil Appeals
    Arbitration & Mediation
    Business - Arbitration/Mediation, Consumer - Arbitration/Mediation
Additional Practice Areas
  • Trust and Estate Litigation
  • Fiduciary Litigation
Fees
  • 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.
Jurisdictions Admitted to Practice
Oregon
Oregon State Bar
ID Number: 124172
Placeholder image for jurisdictions.
Washington
Washington State Bar Association
ID Number: 51728
Placeholder image for jurisdictions.
U.S. District Court, District of Oregon
Placeholder image for jurisdictions.
Languages
  • English: Spoken, Written
Professional Experience
Partner
Samuels Yoelin Kantor LLP
- Current
Associate
Banks Law Office PC
-
Education
Lewis & Clark Law School
J.D. (2012)
-
Honors: Magna Cum Laude
Lewis & Clark Law School Logo
Columbia University
M.A. (2003)
-
Columbia University Logo
Reed College
B.A. (2001)
-
Honors: Phi Beta Kappa
Placeholder image for education.
Awards
Outstanding Service Award
Public Investors Advocate Bar Association
Top Rated Securities Litigation Attorney, Rising Stars 2021, 2022
Oregon Super Lawyers
Professional Associations
Multnomah Bar Association
Member
Current
Placeholder image for professional associations.
Oregon Women Lawyers, Portland Chapter
Member
Current
Placeholder image for professional associations.
Oregon State Bar Appellate Practice Section
Executive Committee
- Current
Placeholder image for professional associations.
FINRA's National Arbitration and Mediation Committee
Public Member
- Current
Placeholder image for professional associations.
Washington State Bar  # 51728
- Current
Placeholder image for professional associations.
Public Investors Advocate Bar Association (PIABA)
Director
- Current
Placeholder image for professional associations.
Oregon State Bar  # 124172
- Current
Placeholder image for professional associations.
Oregon State Bar Securities Regulation Section
Chair
-
Placeholder image for professional associations.
Publications
Articles & Publications
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
Speaking Engagements
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
Red Flags in Your Incoming Client’s Portfolio? What You Should Know About Securities Claims for Recovering Investment Losses, Portland, OR
Financial Planning Association of Oregon and SW Washington
War & PEAC: Negotiating with the Tech Industry over Fiduciary Access to Digital Property, Vancouver, WA
SW Washington Estate Planning Council
War & PEAC: Negotiating with the Tech Industry over Fiduciary Access to Digital Property, Annual Conference, Portland, OR
Northwest Planned Giving Roundtable
FINRA Securities Dispute Resolution – What Lies Beyond the Task Force?, 19th Annual ABA Section of Dispute Resolution Spring Conference, San Francisco, CA
ABA
Panelist
Cybersecurity: Regulation and Enforcement in the Battle of Attacks on Investors and Firm Information, Securities Law Seminar, Colorado Springs, CO
PIABA
Moderator
Senate Bill 95: Safeguarding Seniors, Portland, OR
FPA of Oregon & SW Washington
Senate Bill 95, House Bill 2622, and FINRA Rules 2165 & 4512: What Oregon Securities Professionals, Financial Institutions, and Trust Companies Need to Know, Portland, OR
Samuels Yoelin Kantor LLP
The Nuts and Bolts of SEC Whistle-blower Claims – and how the Recent Digital Realty case Changed the Landscape, Portland, OR
Oregon State Bar Securities Regulation Section
The Speeding Train of Cryptocurrency Investments, Supervision, and Securities Regulation, Mid-Year CLE, Los Angeles, CA
PIABA
Moderator
Financial Elder Abuse, FINRA & State Legislation: What Securities Professionals, Financial Institutions, and Trust Companies Need to Know, Portland, OR
RIA Supervisory Duties: Claims and Resources for RIA Cases, Annual Meeting, San Antonio, TX
PIABA
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
Recent Tools to Combat Financial Elder Abuse: Mandatory and Permissive Conduct Under FINRA Rules and Oregon Law for Securities Professionals, Speaker series
Oregon State Bar Securities Regulation Section
Lunching with Fiduciary Litigators: Red Flags and Strategies for Oregon and Washington, SYK Seminar Series
Samuels Yoelin Kantor LLP
Certifications
Business Law Certificate
Lewis and Clark Law School
Websites & Blogs
Website
Darlene Pasieczny's Website Profile
Website
Investor Defenders Practice Group at SYK (for Securities Litigation)
Website
Samuels Yoelin Kantor LLP ( for Trust & Estate Litigation and Civil Appeals)
Blog
investordefenders.com
Legal Answers
1 Questions Answered
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!
... Read More
View More Answers
Contact & Map
Samuels Yoelin Kantor LLP
U.S. Bancorp Tower
111 SW 5th Ave
#3800
Portland, OR 97204
Toll-Free: (800) 647-8130
Telephone: (503) 226-2966
Toggle tool

There are no recently viewed profiles.

There are no saved profiles.

There are no profiles to compare.