Department of Labor Sued Over Illegitimate Deferred Compensation Opinion Letter

Posted on October 31st, 2025 at 10:13 AM
Department of Labor Sued Over Illegitimate Deferred Compensation Opinion Letter

From the desk of Jim Eccleston at Eccleston Law

Three former Morgan Stanley advisors filed suit this week against the U.S. Department of Labor (DOL), claiming the agency exceeded its authority and was unduly influenced when it issued an advisory opinion that sought to undermine their deferred compensation claims. As reported by AdvisorHub, the advisors allege that the DOL’s September opinion unlawfully sided with Morgan Stanley by determining that the firm’s deferred compensation program is not governed by the Employee Retirement Income Security Act of 1974 (ERISA).

The lawsuit, filed in federal court, asserts that Morgan Stanley sought the advisory opinion to “circumvent” unfavorable court rulings and “prevent” claimants from pursuing their rights in arbitration. According to AdvisorHub, Steve Sheresky, Jeffrey Samsen, and Nicholas Sutro, argue that the DOL’s action directly contradicts both law and precedent, calling it “a textbook example of an arbitrary and capricious agency action” in violation of the Administrative Procedure Act.

According to the complaint, Morgan Stanley “lobbied the DOL extensively for over a year” and criticized a prior court ruling as “very sloppy.” That ruling had found that ERISA likely applied to the firm’s deferred compensation plan, giving brokers a legal basis to challenge the withholding of earned compensation after leaving the firm. The plaintiffs claim that the DOL, without notifying or consulting affected advisors, issued an opinion favoring Morgan Stanley despite knowing the firm intended to use it to defeat pending arbitration claims. Morgan Stanley declined to comment on the litigation, according to AdvisorHub.

Editor’s Note:  Eccleston Law LLC is co-counsel for hundreds of former Morgan Stanley financial advisors nationwide suing in FINRA arbitration Morgan Stanley to recover their forfeited deferred compensation.

 

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

Tags: eccleston, eccleston law, department of labor

Return to Archive

TESTIMONIALS

Previous
Next

I want to extend a tremendous thank you for your dedication, professionalism, hard work and patient demeanor through this challenging time. It was enjoyable interacting with everyone on your team, this certainly helped while dealing with the situation and working towards resolution.

Dan M.

LATEST NEWS AND ARTICLES

February 18, 2026
American Portfolios Ordered to Pay $4.6 Million in Restitution Over Cash Sweep Program Disclosures

The Financial Industry Regulatory Authority (FINRA) has ordered American Portfolios Financial Services to return $4.6 million to customers and pay monetary sanctions after determining that the firm overcharged investors and failed to properly disclose how it generated revenue through a cash sweep program.

February 17, 2026
FINRA Fines Kingswood Capital Partners $150,000 for Supervisory Failures in GWG L Bond Sales

The Financial Industry Regulatory Authority (FINRA) censured and fined San Diego–based broker-dealer Kingswood Capital Partners $150,000 after finding supervisory failures tied to sales of high-risk GWG L bonds.

February 16, 2026
FINRA Removes Arbitrators in Stifel Case, Drawing Scrutiny Over Impartiality Standards

FINRA agreed to remove two potential arbitrators from an upcoming Stifel Financial arbitration tied to former Miami-based broker Chuck Roberts, a move that could carry broad implications for investor arbitration.