FINRA Arbitration Panel Orders &Partners and Broker to Pay Wells Fargo $1.25 Million
From the desk of Jim Eccleston at Eccleston Law
A Financial Industry Regulatory Authority (FINRA) arbitration panel has ordered &Partners and broker David M. Labourdette to pay Wells Fargo $1.25 million in a dispute tied to what Wells described as an "orchestrated" employee departure.
AdvisorHub reports that Wells Fargo waited a month after Labourdette left the firm, and alleged breach of contract and violations of FINRA rules. Wells Fargo also sued &Partners, alleging that it had aided the conduct and engaged in tortious interference.
The FINRA arbitration panel, which consisted of two public arbitrators and one non-public arbitrator, did not provide a written explanation for the decision. Although the panel awarded Wells Fargo $1.25 million, AdvisorHub notes that Wells Fargo reportedly had requested more than $13 million in damages, including punitive damages and attorneys' fees. The panel denied Wells' requests for additional damages and fees but assessed all hearing session fees, totaling $14,250, against &Partners and Labourdette.
An &Partners spokesperson told AdvisorHub that the claims were "retaliatory and anti-competitive." The spokesperson stated that Labourdette sought to move the practice he built with his sons because the team believed &Partners offered a better platform for both advisors and clients.
The case is somewhat unique because both Wells Fargo and &Partners belong to the Protocol for Broker Recruiting, which allows advisors to retain limited client contact information, notify clients when changing firms, and solicit business. The case unfolded amid Wells Fargo's revised policies regarding advisor solicitation. Last year, the firm tightened restrictions on employee solicitation activity, however stating that it would not enforce those restrictions when advisors moved between firms participating in the Protocol for Broker Recruiting.
Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.
Tags: eccleston, eccleston law, finra arbitration, securities law, broker dispute, wells fargo, financial regulation





