Tr?id=566623520170033&ev=PageView&noscript=1

Delaware Judge Dismisses United Capital's Poaching Lawsuit Against Osaic With Leave to Amend

Posted on July 16th, 2026 at 3:07 PM
Delaware Judge Dismisses United Capital's Poaching Lawsuit Against Osaic With Leave to Amend

From the desk of Jim Eccleston at Eccleston Law

A Delaware judge has dismissed United Capital's lawsuit accusing Osaic of improperly recruiting financial advisors and soliciting client assets, but allowed the wealth management firm to file an amended complaint, according to AdvisorHub.

Judge Sheldon K. Rennie of the Delaware Superior Court ruled that United Capital's complaint did not allege enough factual detail to support its claims. As AdvisorHub reported, the court acknowledged that United Capital had not yet conducted discovery and therefore had limited access to Osaic's internal information. Even so, the judge concluded that the complaint lacked sufficient factual allegations to permit reasonable inferences supporting the claims.

United Capital originally filed the action in December, alleging that Osaic aided and abetted fraudulent concealment by encouraging three Fort Lauderdale-based financial advisors to violate their employment agreements during their 2023 transition to Osaic. According to AdvisorHub, United Capital claimed the advisors improperly took confidential client information and solicited customers, resulting in the transfer of approximately $237 million in client assets within four months of their departure.

The dispute represents one of two similar lawsuits United Capital filed against competing wealth management firms.

According to AdvisorHub, United Capital also sued Apollon Wealth Management in December 2025, alleging that the registered investment adviser encouraged a group of Atlanta-based advisors to carry out an unlawful plan to divert United Capital's business. The complaint alleges that approximately $470 million in client assets left the firm as a result.

Apollon asked the court to dismiss that lawsuit or transfer the case to another forum, arguing that neither party maintained a meaningful connection to Delaware. However, as AdvisorHub reported, Judge Rennie denied Apollon's motion to dismiss on June 16, allowing that litigation to proceed.

According to AdvisorHub, United Capital manages approximately $17.2 billion in advisory assets. Creative Planning acquired the firm from Goldman Sachs in August 2023.

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: eccleston, eccleston law, securities litigation, wealth management, financial advisor recruiting, poaching lawsuit, client solicitation

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

As a financial advisor with over 20 years of experience, I feel fortunate to call Jim my attorney and friend. He is a fantastic lawyer and trusted advisor. He is skilled in the matters necessary to do the job well. He uses his thoughtful approach and calm demeanor to achieve a positive outcome for the client. If you want to feel confident that nothing will be missed and that you will be represented in a highly professional manner, call Jim Eccleston.

Bill C. and Dan M.

LATEST NEWS AND ARTICLES

1784228879 Law
July 16, 2026
Delaware Judge Dismisses United Capital's Poaching Lawsuit Against Osaic With Leave to Amend

A Delaware judge has dismissed United Capital's lawsuit accusing Osaic of improperly recruiting financial advisors and soliciting client assets, but allowed the wealth management firm to file an amended complaint, according to AdvisorHub.

1784134373 Law
July 15, 2026
LPL Financial Faces Class Action Over Phoenix Annuity Disclosures

LPL Financial faces a proposed class action lawsuit alleging that the firm failed to warn annuity investors about the declining financial condition of Phoenix PHL Variable Insurance Company.

1784046159 Law
July 14, 2026
Mariner Wealth Advisors Reports Data Breach Affecting Nearly 9,000 Customers

Mariner Wealth Advisors LLC disclosed a data breach that exposed personal information of 8,995 customers, according to AdvisorHub.