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Non-Disclosure & Confidentiality

Feb 27, 2018

Back to the Future: 2018 and the Protocol for Broker Recruiting

I had the honor of writing a guest column this week for the Mark Elzweig Company newsletter. Mark is an executive recruiter who specializes in placing financial advisors at wirehouse, regional, independent, and RIA firms. In the column, “Back to the Future: 2018 and the Protocol for Broker Recruiting,” I  outline key points of focus in the movement of financial advisors from firm-to-firm under the new Protocol landscape. » Read More

Dec 07, 2012

Not My iPhone!

In the arena of post-employment non-solicitation/confidentiality litigation, employers and employees should be aware of a November 15, 2012 decision by the First Department of the Appellate Division of the Supreme Court of New York in AllianceBernstein LP v. Atha. In this case, Atha, a financial analyst who left AllianceBernstein (AB) for Morgan Stanley, was sued by AB, claiming he violated the confidentiality provisions of his employment agreement by taking confidential information, including client lists, to Morgan Stanley for the purpose of soliciting those clients.   » Read More

Mar 23, 2012

Short-Term Gratification May Have Serious Repercussions

Several reports have been published indicating that Greg Smith, the former Goldman Sachs employee who resigned on the Op-Ed page of the New York Times last week, has been approached by several literary agents seeking a “tell-all” book about Goldman.  Meanwhile, in the Wall Street Journal, Francesco Guerrera quoted a Wall Street executive, in “Wall Street Can Learn from the Goldman Flap,”  saying, “Every firm has 100 Greg Smith’s waiting to happen.” » Read More