Has represented RIAs in 23 different jurisdictions (including in AAA and FINRA arbitrations) regarding SEC compliance, customer complaints, and employment related matters. In an effort to proactively prevent expensive litigation, our team has developed recruiting, transition, and practice protection strategies on behalf of RIAs concerned about legal issues. We regularly represent registered investment advisors and advisory firms in advisor transitions, having assisted in approximately 775 advisor transitions in the last 15 years.

Has represented numerous broker-dealers in all aspects of compliance related matters in FINRA. Represents advisors, partnerships, and teams during transitions between competitors (both the recruitment and pursuit of) in order to ensure regulatory compliance and prevent breach of contracts or law. Has applied for court intervention, temporary restraint, and preliminary injunctions to prevent out-going advisors/talent from unfairly competing against their former employers. Our team utilizes litigation, arbitration, and dispute resolution when breaches do occur.

Counseled in excess of 300+ firms, registered representatives, and/or financial advisors in the transition between competitor firms, broker-dealers, investment advisory firms, or brokerage and fee-based employment.

Represented a whistleblower providing information on securities-related violations to the SEC, IRS, and DOJ programs. Has represented numerous other whistleblowers, including those filing complaints in pursuit of the Whistleblower Bounty Program.

Defense of securities fraud, common-law fraud, and breach of fiduciary duty before New Jersey Superior Court.

Defended alleged co-conspirator financier and agent for main defendant in an ongoing securities and wire fraud investigation/prosecution concerning investment pools and securities for commercial industrial vehicle components.

Successful defense of one of the largest securities and wire fraud indictments of the President and CEO of a private financial services firm brought by the Westchester District Attorney’s Office, New York.

Defense of potential litigant in an ongoing Texas State court litigation alleging securities fraud in the sale of shares of mining equipment.

Represented a broker who moved from Edward Jones to Ameriprise Financial who was facing breach of contract and trade secret claims. Successfully argued a counterclaim of unfair competition, civil conspiracy, and tortious interference, with the panel awarding our client and Ameriprise a total of $762,000. (Edward Jones v. Peterson and Ameriprise Financial Services, Inc. (FINRA #19-03340))

Successfully represented an RIA that had jumped from Edward Jones to Thurston Springer Financial and was accused of soliciting former clients in violation of his employment agreement. Secured a rejection of Edward Jones' motion for a temporary restraining order and preliminary injunction. (Edward Jones v. John Kerr and Thurston Springer Financial (Southern District of Indiana 1:19-cv-03810))

Represented a broker who moved from Edward Jones to Ameriprise Financial who was facing breach of contract, misappropriation of trade secrets, and breach of fiduciary duty claims. Successfully secured a denial and dismissal of Edward Jones' request for a temporary restraining order. (Edward Jones v. James Paul Farrell (Superior Court of New Jersey, Bergen County C-116-1))

Successfully defended against the issuance of a Temporary Restraining Order and Preliminary Injunction claiming the misappropriation of confidential client information and breach of contract in New Jersey State Court against an advisor who departed from Edward Jones LLP and joined a competitor.

Represented a Tennessee-based Registered Investment Advisor (RIA) in a suit against former owners and employees regarding misappropriated trade secrets, confidential information retention, and unlawful competition. Subsequently filed arbitrations and successfully settled without the need for litigation.

Represented a former advisor of a regional investor services company against an NY state claim that they had misappropriated confidential client information and trade secrets. Moved to dismiss the case based on lack of jurisdiction, which was successfully granted by the court.

Represented Cork Industries, a national sustainable chemical manufacturer, in a 3-week jury trial involving the theft of corporate trade secrets and unlawful competition by the company’s former head of lab. The case required technical comparative analysis, expert testimony, the handling of multiple national clients, discovery from third parties, and highly technical motion practice. Won 5 out of 6 counts in the trial, along with permanent injunction against the defendant for working in certain industries and with certain clients.