David T. Harmon, a Member of the firm, focuses his practice on the areas of executive compensation, employment, and business law.
As Co-Chair of the firm’s Executive Compensation & Employee Benefits Group, David represents senior-level employees of both public and private companies in the negotiation of their employment packages and all associated agreements, whether at the commencement of the employment relationship through offer letters and employment agreements or at termination through severance agreements. His successful negotiation of employment and severance packages for clients includes employment and post-employment compensation, confidentiality, non-compete, non-solicitation, and garden leave covenants, the Protocol for Broker Recruiting, change of control provisions, and benefits and protections within the structures and strategies for those packages. His representation also includes providing advice and counsel to employers in the negotiation of employment and severance packages with their employees, the design of human resources compliance programs, including employee policy manuals, and counseling and training concerning implementation of those policies. David also provides neutral investigative services in employment matters.
David provides comprehensive employment evaluations, strategic solutions, and coaching within a variety of industries, including financial services, marketing, advertising, health care, design, branding, publishing, fashion, engineering, real estate, and pharmaceutical.
David’s practice includes representing financial advisors in FINRA and AAA arbitrations involving employment and customer disputes, FINRA investigations, disciplinary matters, as well as Forms U4 and U5 expungement and related employment matters.
He also represents small and medium-sized companies in all of their general business and transactional matters.
David is a former member of the Board of Directors of the Wall Street Technology Association. He is a member of the Business Law and Labor & Employment Sections of the New York State and American Bar Associations and a member of the National Association of College and University Attorneys.
David has published many articles and frequently speaks on various legal topics. David is also frequently quoted, most recently in Ladders, FundFire, and the Wall Street Journal. He has also been quoted in Broker’s World, a Dow Jones Newswire Publication, the Hedge Fund Law Report, the definitive source of actionable intelligence on hedge funds, and in the annual advisor compensation report in Registered Rep., the financial professionals’ source for breaking news, advice, and what is happening in the industry. He also co-authored a chapter entitled, “Perspectives for Management and Executives on Structuring and Negotiating the Package: It’s not Just About the Dollars,” for a book entitled, Inside the Minds: Employee Benefits and Executive Compensation Plans, for Aspatore Books, a Thomson Business Publisher. At the beginning of 2012, David launched his blog Transitions in Employment, which focuses on developments in employment agreements, offer letters, severance packages, garden leaves, and non-compete and non-solicitation restrictions, confidentiality agreements, changes in control, deferred compensation, stock options, bonuses, commissions, equity, and benefits.
Following a clerkship in the Appellate Division of the New York State Supreme Court, David began his career at the Wall Street law firm of Mudge Rose Guthrie Alexander & Ferdon.
Click here for the firm’s YouTube channel where David discusses various employment issues.
- In The News: UBS Exits Protocol for Broker Recruiting
- In The News: Headhunter Offers to Pay Morgan Stanley Brokers’ Legal Fees
- Suggestions on Avoiding Mishaps in Employee Discipline or Termination
- In The News: 7 Ways Morgan Stanley’s Protocol Exit Will Backfire
- The New Meeting Trend
- Quoted, “Before Abandoning Protocol, UBS Welcomed Sizable Merrill Producers,” AdvisorHub, November 27, 2017
- Quoted, “Headhunter Offers to Pay Morgan Stanley Brokers’ Legal Fees,” AdvisorHub, November 16, 2017
- Quoted, “New case shows you have to check your LinkedIn contacts after leaving a job,” Ladders, May 11, 2017
- Quoted, “JPM Sues Advisors Who Left to Launch Indie Shop,” FundFire, November 9, 2016
- Quoted, “JPM Sues Mega Advisor Team After Flight to MSWM,” FundFire, June 2015
- “Developments in New York Labor Law,” NMM Labor & Employment Law Alert, May 2013
- Quoted, “Don’t Alert Clients Before Defecting,” The Wall Street Journal – Wealth Management Journal, April 30, 2013
- Quoted, “Complex Moves for Brokers Without Protocol,” Dow Jones Compliance Watch, July 25, 2012
- “Credit Card Security: How to Protect Your Business From Fees,” NM&M Business Law Alert, April 2012
- Live Interview, “Tips for Advisers at Bankrupt Firms,” MarketWatch, January 2012
- Live Interview, “Broker’s World: Seeking Legal Advice,” MarketWatch, April 2011
- “New York Wage Theft Prevention Act,” Labor & Employment Law Alert, April 2011
- Quoted, “UBS US Wealth Unit Boasts Big Adviser Recruiting Day,” Dow Jones Street Moves, October 13, 2010
- Quoted, Hedge Fund Law Report
- Quoted, “Fraud Should Be Addressed In Bonus Contracts,” Dow Jones Broker’s World, August 2010
- Quoted, “Adviser Alert: Contracts Are Key in a Job Shift,” Wall Street Journal, July 6, 2010
- Quoted, “Getting The Dotted Line To A New Job Signed,” Dow Jones Broker’s World, June 2010
- Quoted, “Advisors Need Employment Details in Writing,” Financial Advisor Magazine, June 21, 2010
- “Use of the Internet in Employee Background Checks,” Labor & Employment Law Alert, July 2009
- “Independent Contractor or Employee? Getting It Wrong May Cost You,” Executive Compensation & Employee Benefits Law Alert, March 2009
- Quoted, “IOSCO Report Scrutinizes Hedge Fund Manager Compensation as Group of 20 Prepares to Weigh in on Hedge Fund Regulation,” The Hedge Fund Law Report, April 2009
- “New York Enacts Law Restricting Use of Social Security Number,” Labor & Employment Law Alert, March 2009
- “Death Of The Noncompete For NY Broadcasters?,” Law 360, February 2009
- “Employers Note: §409A Extends To Arrangements Never Thought To Constitute Deferred Compensation – Part II,” The Metropolitan Corporate Counsel, August 2008
- “Employers Note: §409A Extends To Arrangements Never Thought To Constitute Deferred Compensation – Part I,” The Metropolitan Corporate Counsel, July 2008
- “Executive Compensation: Don’t Forget the Fringe Benefits,” Wall Street Technology Association TICKER, March/April 2008
- “Perspectives for Management and Executives on Structuring and Negotiating the Package: It’s Not Just About the Dollars,” INSIDE THE MINDS: Employee Benefits and Executive Compensation Client Strategies, 2008 Thomson/Aspatore
- “Utilizing Settlement and Severance Packages,” Lorman Education Services Webinar, March 21, 2017
- “Employment Attorney Says Non-Compete & Non-Solicit Agreements Can Be Negotiable!” NMM YouTube, June 26, 2015
- “Employment Attorney Says Pack Your Employment Bag!” NMM YouTube, June 26, 2015
- Norris McLaughlin & Marcus Presents Seminar on Licensed Site Remediation Program
- “Best Practices For The Growing Business,” Norris McLaughlin & Marcus Client Seminar, June 3, 2010
- “Beware! The ‘Other’ Side of the LSRP Program,” Norris McLaughlin & Marcus Client Seminar, March 25, 2010
- “Expressions of Philanthropy: Techniques to Make Charitable Gifts, ” Church International, June 10, 2006
- “Recent Developments, Hot Topics and Tax Issues Impacting Tax-Exempt Organizations,” Lorman Education Services, May 24, 2006
- “Some Basics About Severance Agreements,” Hot Topics in Labor & Employment Law 2006, Norris McLaughlin & Marcus Client Seminar, June 1, 2006