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Firms Continue Aggressive Tactics Against Departing Advisors

By Katherine S. Bowles, Esq. and Carter E. Watkins of Shustak Reynolds & Partners, P.C. posted on Wednesday, November 21, 2018.

Both Protocol and Non-Protocol firms have continued their sue-first-ask-questions-later litigation strategy against departing advisors, and advisors should be on high alert even when they are making a Protocol transition. [...] Read More

Ex-Wells Fargo Advisor Granted Class Cert in Claim for Deferred Compensation

By Matias Montillano of Shustak Reynolds & Partners, P.C. posted on Friday, November 9, 2018.

Robert Berry worked as a financial advisor for Wells Fargo Advisors, LLC from 1994 until 2014. From 2005 to 2014, he participated in the Wells Fargo Advisors Performance Award Contribution and Deferral Plan [...] Read More

FINRA Promissory Note Claims: Not Always a Slam Dunk Win for the Firm

By George C. Miller, Esq. of Shustak Reynolds & Partners, P.C. posted on Wednesday, November 7, 2018.

For the past 15+ years, it was extremely common for firms to recruit high-producing financial advisors and teams from one firm to another through large, up-front and back-end bonuses, often totaling 300% or more of the advisor’s Trailling-12 production [...] Read More

Morgan Stanley Continues Aggressive Litigation Against Departing Advisers Post "Prexit" (Broker Protocol Exit)

By Katherine S. Bowles, Esq of Shustak Reynolds & Partners, P.C. posted on Friday, September 21, 2018.

It has been almost a year since Morgan Stanley abruptly exited the Protocol for Broker Recruiting (“Protocol”), and in that time it has implemented an aggressive legal strategy against departing advisors. [...] Read More

“You Can’t Change What You Can’t See” – the ABA’s 2018 Report on Racial & Gender Bias in the Legal Profession

By Jonah A. Toleno of Shustak Reynolds & Partners, P.C. posted on Wednesday, September 19, 2018.

Earlier this month, the American Bar Association (ABA) issued its first-ever report on research conducted jointly by the ABA Commission on Women in the Profession (the “Commission”), the Minority Corporate Counsel Association (“MCCA”), and the Center for WorkLife Law at the University of California, Hastings College of the Law. [...] Read More

Current Investment Trends in Asia Pacific

By Erwin J. Shustak, Esq. of Shustak Reynolds & Partners, P.C. posted on Thursday, August 30, 2018.

The economic outlook for Asia Pacific remains strong, and the region continues as the most dynamic of the global economy. However, the region faces risks from a global tightening of financial conditions and a shift toward protectionist policies, particularly by the U.S. and the Trump Administration, which has pursued a confrontational, bi-lateral approach to trading agreements with countries in the region. [...] Read More

Wells Fargo Losing Financial Advisors to Competitors Amid Ongoing Regulatory Investigations

By George C. Miller, Esq. of Shustak Reynolds & Partners, P.C. posted on Friday, August 24, 2018.

Wells Fargo’s wealth management unit continues to lose advisors to competitors following reports of a joint probe into the firm’s sales practices by the Justice Department and Securities and Exchange Commission [...] Read More

“Approved as To Form and Content”—What Does it Mean?

By James J. Reynolds of Shustak Reynolds & Partners, P.C. posted on Thursday, August 16, 2018.

Almost every lawyer has seen if not signed off an agreement containing at the end of the document the words “approved as to form and content,” typically found in a settlement agreement.What legal impact does the attorney’s signature have when approving form and content?  Read More

FINRA Investigations Under Rule 8210

By Erwin J. Shustak, Esq. of Shustak Reynolds & Partners, P.C. posted on Thursday, August 9, 2018.

It is every registered person’s nightmare. You receive a letter from a FINRA office notifying you that you are the subject of a FINRA investigation. […] Read More

The SEC’s “Best Interest Rule”: Another Try at Heightened Investor Protection

By Jessica L. Mackaness, Esq. of Shustak Reynolds & Partners, P.C. posted on Monday, August 13, 2018.

Since the financial crisis of 2008, consumer advocates and the financial services industry both have advocated for a heightened standard of conduct for broker-dealers when dealing with retail investors. President Barack Obama's Department of Labor attempted this by promulgating its “fiduciary” rule, but, […] Read More