Advisor Transition Dispute Litigation
The Shift is On:
With greater and greater frequency, FINRA-registered representatives and SEC- and state-registered investment advisors are changing their business models, platforms and registrations and moving from firm to firm, from channel to channel, or launching their own firms and going fully independent. These changes can trigger significant, large-dollar litigation matters over client books, breach of employment agreements, and breach of contract, pertaining to compensation, promissory notes, trade secrets, non-solicitation, non-competes, and duty of loyalty claims. Often, these cases expand to include Form U5 and related defamation claims as well as the impact of regulatory filings reflected in BrokerCheck.
We’re Experts in Breakaway Advisor and Transition Litigation and Damages
Bates Group’s substantive and damage experts are seasoned industry professionals with hands-on experience and years testifying in disputes involving breakaway and transitioning advisors and related issues such as the Broker Protocol, client retention rates for registered representatives versus investment advisors, the effect of those rates upon retained AUM, and applicable regulatory standards.
Our damages experts will also assist you in reviewing opposing experts’ and parties’ damage models, preparing lost income or lost profit calculations and any specific schedules that may be of assistance to you in presenting your case.
Our Breakaway Advisor Experts Testify
Bates Group helps you analyze and assess your case, so you will be well prepared whether you are headed to mediation or trial. When requested or required, such as in court cases, our experts prepare cogent, timely, well-written expert reports and are fully prepared to present and defend their opinions.
If your case proceeds to hearing or trial, our experts also testify in person or virtually, drawing upon years of testimony experience across the country in arbitrations before FINRA, AAA, JAMs and others; federal and state court actions; and in regulatory proceedings before the SEC, FINRA and state regulators.