Barton Achieves Temporary Restraining Order Against Advisors for Alleged Breaches of Employment Agreement

On June 25^th, Barton secured a Temporary Restraining Order (TRO) in Suffolk County Supreme Court for its client Kuttin Wealth Management (KWM).

KWM had previously filed a complaint against a former financial advisor registered representative and a former licensed employee who had resigned but had failed to provide the required 30-day notice as specified in their employment agreements. The complaint also alleged misappropriation of trade secrets and breach of contract.

Shortly after failing to provide the requisite notice and abide by the time period, the advisors began working for a competitor firm, advertising their new affiliation, and communicating with KWM clients—also in violation of their employment agreements.

Barton therefore sought an injunction on behalf of its client to force the advisors to honor their employment agreements, stop any continuing unlawful activity, and return any confidential client information that was obtained from KWM after their departure.

The TRO issued by Suffolk County mandates that, during the 30-day notice period, the advisors must cease working for the competitor, must delete the online advertising of their services with the competitor, and must not communicate with KWM clients. Additionally, the Order prohibits the advisors from soliciting KWM clients for one year and instructs them to return any KWM corporate information or documents.

The lead attorneys on this case include James Heavey and A.J. Monaco.