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Employment Agreements

Nov 11, 2016

IN THE NEWS: J.P. Morgan Pursues Arbitration Case Against Advisors

I was recently interviewed by Fundfire, a financial services industry on-line publication, regarding J.P. Morgan obtaining a temporary restraining order as it pursues an arbitration case against seven advisors who left to launch an independent shop with LPL Financial. This is yet another case involving the protections of the industry’s agreement called the Protocol for Broker Recruiting. » Read More

Jul 13, 2015

IN THE NEWS: J.P Morgan Sues Former Advisor Team

I was recently interviewed by Fundfire, a financial services industry on-line publication, regarding a Morgan Stanley financial advisor team that was sued by their former employer, J.P. Morgan, after they jumped ship to Morgan Stanley earlier this year. J.P. Morgan has alleged breach of contract, misappropriation of trade secrets and unfair competition among others. » Read More

Jul 30, 2012

Part V: Negotiating the Employment Package That Is Best for You – The Fine Print Matters

Jul 20, 2012

Part IV: Negotiating the Employment Package That Is Best for You – The Fine Print Matters

The next critical step to take in the negotiation of an employment package is:
  1. The Termination Scenarios.  Defining the circumstances under which the employment relationship can be terminated is essential. Considerable attention should be paid to the definitions of “cause” and “good reason.” Not focusing on the details of the definitions can have costly ramifications.
» Read More

Jun 27, 2012

PART II: Negotiating the Employment Package That Is Best for You – The Fine Print Matters

As discussed in my last post, there are several critical steps to take in the negotiation of an employment package.   Let’s move on to steps #2 and 3.

  1. Show Me the Money.  In evaluating the salary component of a compensation package, it is essential that the executive be realistic not only about his or her financial requirements but also about the value he or she brings to the employer and what the market will bear. 
» Read More

Apr 18, 2012

Other Restrictions May Also Confine Post-Termination Activities

In addition to the potential violations of confidentiality and non-disparagement provisions contemplated by a “tell-all” book about Goldman Sachs, Greg Smith should also consider garden leave and/or non- competition/non-solicitation restrictions. If Smith had a new job lined up before resigning, did he make the new employer aware of the restrictions to which he was bound?   » Read More

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