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Investment Advisor February 2009 Thomas D. Giachetti	The Skinny on the Protocol The law is fairly clear that a departing advisor should not bring any customer information to a new employer.
Investment Advisor April 2007 Thomas D. Giachetti	First, Hold On to Your Clients Before selling your investment advisory firm, make sure restrictive covenants are in place.
Investment Advisor June 2007	If my Current Employer Chooses to go After me for Leaving, What Can I Expect? Typically, an employer will send a cease and desist letter to the advisor. This letter will remind the advisor that he has certain obligations set forth in the written agreement.
Registered Rep. October 30, 2008 Churchill & French	Merrill Lynch Says Broker Protocol Still Intact, Clarification Forthcoming Merrill Lynch financial advisors put off by non-compete language in the retention package they received last week -- who must now decide whether to sign it -- are getting assurances from Merrill that it's not as bad as they think.
Investment Advisor August 2010 Thomas D. Giachetti	The Compliance Coach: Independent Advisors: Don't Violate the Protocol There are two major issues for a registered representative to consider when deciding to leave a firm and go independent. The first is how to leave. The second is appropriate registration and ongoing regulatory complance requirements.
Registered Rep. March 1, 2008	How to Dance the Wall Street Shuffle There's no such thing as an easy route to independence. But there are some things reps can do to ease the transition.
Registered Rep. November 6, 2008	Bank Of America To Sign Protocol, Herd Still Weighing Options Bank of America intends to sign the so-called "broker protocol," an agreement signed by most of the brokerage firms and RIAs stipulating what client information is acceptable for a departing financial advisor to take without getting sued by the former employer. But when?
Registered Rep. March 28, 2011 Kraus & Freedman	Got Protocol? Despite the large number of firms who are party to it, the broker protocol has certainly not stopped litigation with departing Registered Representatives.
On Wall Street February 1, 2011 Alan J. Foxman	Reading The Fine Print Advisors write in for legal advice regarding contracts, client lawsuits, non-compete agreements and other concerns.
Registered Rep. October 31, 2008 French & Churchill	If Bank of America Signs Protocol, It's Business As Usual. If Not, Maybe Not But Merrill Lynch advisors may not know whether BofA will sign it before they have to sign their own retention agreements.
Registered Rep. September 4, 2013 David Armstrong	Editor's Letter: September 2013 Most advisors decide to move not because they are wooed to greener pastures, but because pain points inside their current environment have become too great.
Registered Rep. August 29, 2013 Mindy Diamond	Buying Growth Buying a book of business from a retiring advisor can be a good strategy, but read the fine print, and consider these points.
Registered Rep. June 14, 2012 Mindy Diamond	Broker Protocol Booming As firm-switching among brokers rose to record levels over the past four years, the number of signatories exploded, growing almost 40 fold. Many of the new signatories are RIAs.
Inc. May 23, 2003 Carole Matthews	Keep Information Under Wraps To protect your company's critical information, you must first realize what information is critical and then put the necessary safeguards in place to assure your employees know it, too.
Registered Rep. April 20, 2015 Mindy Diamond	An Advisor's Guide to Surviving Termination So what do you do to protect yourself?
On Wall Street October 1, 2013 Mason Braswell	Non-Solicitation Disagreement What can you say without crossing the line and violating a non-solicitation agreement?
Registered Rep. November 1, 2002 Jonathan Arfa	Breaking Up Is Hard to Do Brokers partner up for a variety of reasons. Some kind of contract is needed when a partnership between members of a team of brokers is formed, whether it be between a senior broker and junior colleagues or just between two seasoned brokers. Brokers should consider this contract seriously.
Registered Rep. April 1, 2003 David A. Gaffen	Your Book or Your Life! What would you do if you lost your book? Where would you turn for new customers? Where could you be hired? Those are questions that keep many advisors up at night.
On Wall Street September 1, 2012 Alan J. Foxman	Looking at Illinois Court's Ruling on Non-Compete Clause Our legal analyst explores one state s new rules on employment agreements.
Financial Planning July 1, 2013 Katie Kuehner-Hebert	Quitting Your Job? Create an Exit Strategy Advisors considering a change of venue need a game plan and a clear sense of who owns their client relationships.
Registered Rep. February 1, 2006 Mindy Diamond	Passion Pays Superstar brokers are receiving unimaginable compensation to switch firms. But don't expect managers to throw money at just any advisor with great production numbers.
Registered Rep. August 29, 2014 Mindy Diamond	Ten Years of Myths and Moving Why advisors need to purge common "myths" from their thinking about changing jobs.
Registered Rep. March 1, 2007 Mindy Diamond	Of Myths and Moving: Revisited The thought of changing firms is a big step for any financial advisor. But don't let cloudy thinking get in your way. Make sure you stop paying heed to old Wall Street myths. Don't fear change. Embrace it.
Financial Advisor April 2009 David Lawrence	Migratory Patterns Advisors who want to move to the independent world should spend a lot of time planning the transition.
Investment Advisor August 2005 Mark Tibergien	Formulas for Success: Independence Day There is a growing trend toward registered reps moving out of the wirehouse environment -- a trend invisible to most, but obvious to the country's leading custodians: they are actively wooing breakaway brokers.
Registered Rep. October 1, 2002 Jonathan P. Arfa	First, Hire the Lawyers With heavy investor losses, customer claims filed with the NYSE and the NASD are expected to hit an all-time high in 2002. What should a broker do if they are the target of a complaint?
Entrepreneur April 2006 Jane Easter Bahls	The Ex Games Protect yourself against competition from ex-workers -- with a solid non-compete agreement.
Financial Planning September 1, 2008 John J Bowen Jr	Time to Say Goodbye Today's most successful advisors recognize a simple but powerful fact of business: It's better to work with a small number of great clients than to serve a huge base of clients who are only mediocre.
Registered Rep. December 1, 2004	The Promise Keepers Is arbitration the answer to this broker's woe?... Should a former employer pay defense costs for broker being sued while employed with that firm?...
Financial Planning November 1, 2011 John J. Bowen, Jr.	Learn To Let Go The idea of shedding clients and the revenue they bring may sound reckless, especially in an uncertain economic environment. But working with non-ideal clients is holding you back from reaching your full potential.
Job Journal December 7, 2003 Michael Kinsman	The Arbitration Option More and more workplace disputes are going to arbitration.
Registered Rep. September 1, 2004 David A. Gaffen	Parting is Such Sweet Sorrow You won't have to steal client addresses and phone numbers any more when switching firms --- that is, if you work for Merrill Lynch, Smith Barney or UBS Securities.
On Wall Street October 1, 2010 Alan J. Foxman	The Instant Age of Social Media Readers ask for advice on indemnification agreements, social media, suing a 401(k) plan holder for misrepresentation on the outlook for company stock, and asset purchase agreements.
Investment Advisor May 2009 Kelli Cruz	Walk On The trend of wirehouse advisors joining the independent RIA channel has ramped up significantly in the last several years, and is only increasing in the wake of Wall Street's epic meltdown.
Registered Rep. April 16, 2012 Jerry Gleeson	Schwab RIA Unit Sees "Consistent" Growth Schwab Advisor Services is signing up advisor assets at a pace that tracks its historical average.
Registered Rep. August 10, 2004 David A. Gaffen	Fleeing Brokers Can Take Some Client Info Three of the nation's largest brokerage firms have agreed to make it easier for registered reps to take clients with them when they change firms, eliminating a lot of the cloak-and-dagger antics that brokers often suffer when making a move.
The Motley Fool May 23, 2005 Roy Lewis	Job Changes and Your 401(k) What should you do with your retirement savings when you leave your old employer?
Registered Rep. September 1, 2005 Mindy Diamond	Look Homeward When financial advisors decide to embark on a job search, they often overlook one very important firm to evaluate: their current one.
Financial Advisor April 2005 David J. Drucker	Moving On How financial advisory firms are dealing with planners who leave, and take clients with them.
Registered Rep. October 1, 2004	When the Loan Comes Due I switched firms three years ago, joining a wirehouse offering a seven-year forgivable loan as upfront payment. Since hiring on at the new firm, my production has nosedived. If I am fired, can my firm legally ask for the balance of the forgivable loan back?
Financial Planning January 5, 2008 Mark Penske	Land of Uncertainty Although it can seem like an impossible task to find the right successor for your financial advisory business, stories and experiences from those who have crossed this line confirm that there is life after the big decision, both short and long term.
Investment Advisor June 2008 Mike Patton	Lessons Learned As the road smooths after a year of independence, a registered independent advisor shares his insights.
Registered Rep. November 1, 2006 Christopher O'Leary	Bust a Move...Cleanly Many registered reps have learned that the process of leaving a big firm can turn into a long, painful, litigious and even terrifying ordeal. From the moment you decide to leave a wirehouse, every move you make needs to be right.
Investment Advisor October 2007 Bob Clark	Difference of Opinion A debate about a major issue facing many advisory firms, namely, the conflicting interests they must wrestle with when deciding how to handle defecting advisors who leave the firm, taking clients with them.
Registered Rep. January 1, 2006	Who Gets the Book? Q: I had an oral contract with my partner that I would inherit his $40 million book when he retired... Please advise me as to my rights... A: At the outset, my advice is that you have viable claims against your firm for breach of contract, detrimental reliance and unfair business practices... etc.
Registered Rep. July 1, 2013 Phillip Flakes	Selling Point Many advisors are coming up on their golden years, but as hard as it is to make the decision to move on, it's even harder to actually sell. Here's a game plan.
On Wall Street October 1, 2009 Carri Degenhardt-Burke	How to Avoid a Bad Match The delicate dance between advisor and manager during the recruiting process can break down at any time.
Registered Rep. September 26, 2014 Mindy Diamond	Take the Sunset Package or Sell the Business? For employee advisors, exploring your firm's sunset program might be a sound way to face retirement.
Registered Rep. November 1, 2004	The Fear of Pursuit Nonsolicitation agreements are commonplace in the brokerage industry. However, if you change firms and choose to contact clients, whether you will be pursued is a business decision that your former firm would have to make.
Investment Advisor March 2006 Melanie Waddell	Piling On Keeping up with compliance chores will continue to occupy a substantial portion of advisors' time, as industry officials and observers are steadfast in their belief that regulatory scrutiny by the SEC and NASD isn't going away.