Dan Frith

Stock brokerage companies have long sought to impose restrictions on their financial advisors to prevent them from resigning to join competing firms, taking client lists, and then soliciting the clients they had serviced while at the prior firm. Typically, the firms did this by requiring their employees to sign restrictive…

Times are tough in America…as evidenced by the demise of some of our largest financial institutions. In addition to the failures of corporate America, employees are being forced into signing unfair and over broad noncompete agreements.For example, take the retention agreement offered by Bank of America as a part of…

Many employees come to our firm wanting our analysis of their noncompete agreement with the question, “is this a valid restriction and, if so, how can I beat it?”One of the most common defenses we encounter is called the “First Breach Defense.” A noncompete agreement is nothing more than a…