The Case
FINRA recently fined Merrill Lynch $1 million over a Texas Ponzi scheme. The case, which involved a San Antonio broker who was sentenced to prison was covered in a recent blog post in the Stockbroker Fraud blog.
The Merrill broker persuaded investors to put money into a partnership and used at
It recently came to light that two Merrill Lynch executives were fired and paid approximately $11 million in exchange for signing a non-compete and release agreements. Some were outraged about the payment considering the current plight of BofA and Merrill. But for most employers, a severance payment in exchange for a release makes good
From late 2008 through 2009 financial advisors were on the move. Thousands of brokers left their positions with firms like Merrill Lynch, Wells Fargo and UBS. Many transitioned to new brokerage houses enticed by lucrative signing bonuses and compensation packages. Others were simply unsure of ever changing policies and compensation systems that resulted from industry
An update on Robert McCann’s lawsuit challenging a non-compete agreement he entered into with Merrill Lynch. McCann wants to work for UBS, but BofA won’t let him. BofA lawyer Steven M. Kayman’s take on the lawsuit:
This man signed a contract. He got paid a substantial amount of money for it. Now he wants the
It’s been a few weeks since I’ve discussed BofA but once again the company is involved in litigation, this time over a non-compete. This time, BofA is on the receiving end of a lawsuit filed by Robert McCann, former head of Merrill Lynch’s wealth management unit. McCann’s lawsuit challenges the enforceability of a non-compete he entered into
A couple of quick hits on issues previously addressed:
Arbitration
BofA is one of a number of banks to drop mandatory arbitration provisions in their agreements with credit card holders. It follows JP Morgan Chase which stopped referring credit card disputes to arbitration last month. The tide seems to be turning against arbitration in the
Despite indications that it would join The Broker Protocol last year when it acquired Merrill Lynch, BofA has yet do so. The Protocol, which has been frequently discussed in this blog, allows departing brokers/advisors leaving a firm to avoid claims for breach of non-compete or non-solicit agreements.
A Merrill Lynch spokesman has indicated that Merrill