FINRA Arbitration Panel Orders &Partners and Broker to Pay ÍøÆØ³Ô¹Ïlls Fargo $1.25 Million
From the desk of Jim Eccleston at ÍøÆØ³Ô¹Ï
A Financial Industry Regulatory Authority (FINRA) arbitration panel has ordered &Partners and broker David M. Labourdette to pay ÍøÆØ³Ô¹Ïlls Fargo $1.25 million in a dispute tied to what ÍøÆØ³Ô¹Ïlls described as an "orchestrated" employee departure.
AdvisorHub reports that ÍøÆØ³Ô¹Ïlls Fargo waited a month after Labourdette left the firm, and alleged breach of contract and violations of FINRA rules. ÍøÆØ³Ô¹Ïlls 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 ÍøÆØ³Ô¹Ïlls Fargo $1.25 million, AdvisorHub notes that ÍøÆØ³Ô¹Ïlls Fargo reportedly had requested more than $13 million in damages, including punitive damages and attorneys' fees. The panel denied ÍøÆØ³Ô¹Ïlls' 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 ÍøÆØ³Ô¹Ïlls 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 ÍøÆØ³Ô¹Ïlls 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.
ÍøÆØ³Ô¹Ï 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






