Former Morgan Stanley Advisors File Lawsuit First in an Effort to Avoid Temporary Restraining Order and Injunction

Posted on May 22nd, 2018 at 4:59 PM
Former Morgan Stanley Advisors File Lawsuit First in an Effort to Avoid Temporary Restraining Order and Injunction

From the Desk of Jim Eccleston at Eccleston Law LLC:

Two San Diego advisors, who recently joined Hilltop Securities, have filed a lawsuit against their former firm, Morgan Stanley, in an attempt to avoid a temporary restraining order that their former firm may seek to prevent them from soliciting their former clients.

The lawsuit was initiated in response to several temporary restraining order lawsuits filed by the firm against other former advisors after Morgan Stanley left the Broker Protocol late last year. Morgan Stanley has argued that the lawsuits are necessary in order to protect client privacy, and the firm’s purported “trade secrets.”

The former advisors filed their own complaint in federal court in the Southern District of California requesting that the federal judge void the non-solicitation clauses in their employment contract. In their complaint, they argue that their employment contracts are “illegal,” “unconscionable” and at odds with California public policy.

In addition, the advisors note that they have had business relationships with many of their existing clients prior to their joining Morgan Stanley and that they have put significant time and effort in developing and growing their book of business.

The attorneys at Eccleston Law assist reps in transition, negotiate their transition agreements, file lawsuits, and defend reps when firms file lawsuits.

The attorneys of Eccleston Law LLC represent investors and advisors nationwide in securities and employment matters. The securities lawyers at Eccleston Law also practice a variety of other areas of practice for financial investors and advisors including Securities FraudCompliance ProtectionBreach of Fiduciary DutyFINRA Matters, and much more. Our attorneys draw on a combined experience of nearly 65 years in delivering the highest quality legal services. If you are in need of legal services, contact us to schedule a one-on-one consultation today.

Related Attorneys: James J. Eccleston

Tags: Eccleston, Eccleston Law, Eccleston Law LLC, James Eccleston

Return to Archive

TESTIMONIALS

Previous
Next

If you find yourself in trouble with the regulators, call Eccleston Law, you won't regret it.

Rick R.

LATEST NEWS AND ARTICLES

July 26, 2024
Kentucky Advisor Sues LPL Financial for Alleged Corporate Raid

A Kentucky advisor, Mark Lamkin, has filed a lawsuit against LPL Financial, claiming the independent broker-dealer orchestrated a corporate raid that resulted in the loss of his firm’s entire book of managed assets.

July 25, 2024
FINRA Plans Fee Increases Amid Rising Costs and Losses

The Financial Industry Regulatory Authority (FINRA) has announced plans to raise fees for its approximately 3,300 broker-dealer member firms. According to AdvisorHub, the self-regulator faces soaring costs, as detailed in its annual report published at the end of June.

July 24, 2024
Raymond James Settles with Oregon Over Excessive Commissions

Raymond James recently settled a case with Oregon's Division of Financial Regulation (“DFR”), agreeing to pay nearly $200,000 over allegations of charging excessive commissions to retail investors.