Boilerplate Denials by Clients Fails to Get Broker Off the Hook in Raiding Case: E*TRADE Financial Corp. v. Pospisil
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By James L. Komie

In a raiding case, boilerplate unsworn statements submitted by clients of a defendant broker stating that the defendant did not “solicit” during undocumented calls,

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Raiding Defendant’s “Duty” to Make Calls to Former Clients Arouses Court’s Suspicion: E*Trade Financial Corp. v. Eaton
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By Paul J. Dubow

*A stockbroker does not violate a non-solicitation agreement if he calls clients, after departing from the firm,

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The Broker Protocol: Reflecting Forward with a Look-Back To Its Beginnings
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No sign of the times could more surely signal that tectonic shifts have occurred in the securities marketplace than the decisions by Morgan Stanley and UBS Financial Services (and to a lesser degree,

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Memory Maven, Moving on to New Meal Ticket, Miffs Ex-Employer With Calls to Clients: Fidelity Brokerage Services LLC v. Rocine
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By Paul J. Dubow

*A broker takes confidential information even if he does not take written material but instead uses his memory.

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Court Eschews Bright Line Test of Consideration for Non-Solicit Clause: R.J. O’Brien & Assoc., LLC v. Williamson
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By Sarah G. Anderson

In Illinois, the test for whether a non-solicitation agreement is supported by sufficient consideration to enforce against an employee at will is a fact-specific inquiry,

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Brokers Lose Benefit of Protocol for Broker Recruiting: JPMorgan Chase Bank, N.A. & J. P. Morgan Securities, LLC vs. Wirtanen
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By Christopher G. Lazarini

A failure to follow the Protocol for Broker Recruiting when it is available as a safe haven to a broker changing firms will almost assuredly lead to injunctive relief,

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