Norris McLaughlin & Marcus, P.A.

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In the News

Nov 29, 2017

In The News: UBS Exits Protocol for Broker Recruiting

Yet another departure:  UBS Wealth Management Americas has followed in Morgan Stanley’s footsteps and announced its exit from the Protocol for Broker Recruiting on Monday, effective this Friday, December 1. However, prior to this announcement, UBS was ready to onboard at least two Merrill Lynch brokers still protected by the pact. Brokers leaving either Morgan Stanley or UBS will be subject to non-solicit agreements that the Protocol overrode, making moves a bit more difficult, but not impossible.… Read More

Nov 17, 2017

In The News: Headhunter Offers to Pay Morgan Stanley Brokers’ Legal Fees

I was recently interviewed by AdvisorHub, a popular wealth management news source, to once again discuss the effects of Morgan Stanley’s exit from the Protocol for Broker Recruiting. A Colorado-based search firm, Advisorbox, recently unveiled a promotion aimed at Morgan Stanley brokers with at least $500,000 of production. If they leave the firm, Advisorbox is offering to pay up to $25,000 of their legal costs.… Read More

Nov 09, 2017

In The News: 7 Ways Morgan Stanley’s Protocol Exit Will Backfire

You may recall, I posted about Morgan Stanley withdrawing from the Protocol for Broker Recruiting last week. I recently had the pleasure of being interviewed about this news by Mark Elzweig of OnWallStreet, an information resource for financial advisors. Read his article “7 ways Morgan Stanley’s protocol exit will backfire” here to learn more and see what else I have to say about the shocking news!… Read More

Nov 08, 2017

The New Meeting Trend

In “New Meeting Rules: Five Minutes, Max” featured in today’s The Wall Street Journal (page A11), Sue Shellenbarger describes a new trend in meetings — short, short, short, limiting participants to speaking no more than 5 to 15 minutes. While efficiency can certainly be maximized by keeping the long-winded employee in check, if good ideas are presented at these abbreviated sessions, hopefully the deliberative process will not be forfeited to restricted time blocks.… Read More

Oct 30, 2017

Morgan Stanley Withdrawing from the Protocol for Broker Recruiting

The breaking news that Morgan Stanley will be withdrawing as a signatory to the Protocol for Broker Recruiting may signal the beginning of the end for the Protocol– at least as it relates to the wire house firms. Will other firms follow suit and start to depart? While there have always been outliers (or those firms who have not signed on), this departure will enhance the significance of non-solicitation covenants in the marketplace because those leaving or joining Morgan Stanley will no longer move under the protective dome of the Protocol.… Read More

May 17, 2017

IN THE NEWS: New Case Shows You Have To Check Your LinkedIn Contacts After Leaving a Job

I was recently interviewed by Ladders, a media publication covering workforce issues, regarding yet another case involving social media and employment.

The article discusses how a former employee of a global recruiting and staffing company was forced to remove thousands of her LinkedIn contacts because the company claimed the relationships didn’t belong to her, but the company. As the details of the employee’s employment contract or any confidentiality or non solicit agreement that may have been signed are unknown, one can only speculate whether she had the right to do so.… Read More

Mar 22, 2017

No Right to Privacy in the Workplace

Confirming yet again that there is no right to privacy in the workplace, Kelsey Gee’s article “Why Bosses Are Tracking Employees” on page B5 in today’s The Wall Street Journal describes how companies are tracking employee interactions and office traffic, including communications via email and chat logs. While the intent is “to improve workplace interaction,” the practice adds a layer of increased employee surveillance that employees of companies using the technology may not be aware.… Read More

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.

On October 27, seven private bank advisors left and registered with LPL, launching Gulf Point Advisors, which focuses on working with family offices.… Read More

Mar 23, 2016

New Target Executive Sued By Amazon

The article,”Amazon Sues New Target Executive” caught my eye in today’s The Wall Street Journal. Amazon, the executive’s former employer, is concerned he will leak trade secrets to his new employer, Target. Watch my video blog below to learn more about the case and my thoughts on the matter. If you have any questions, please feel free to contact me at dtharmon@nmmlaw.com.… Read More

Dec 01, 2015

An “Employment Disaster Recovery Bag” Is A Must!

With news of Morgan Stanley’s plans to make significant cuts in its debt and currencies ranks across all offices (Wall Street Journal, December 1, 2015, page C1),  the importance of having your “employment disaster recovery bag” at the ready is highlighted. Included in that “bag” should be your offer letter; any confidentiality, non-solicit, non-compete, work for hire and/or garden leave agreement; employee handbook; and any document or plan relating to your equity, deferred compensation, bonus, pension, or any other aspect of your employment.… Read More

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