Topic: Investment Advisors
Investment Advisor’s Notification to Clients of “Options” Amounts to Solicitation
February 6, 2023
Topics: Injunctions, Investment Advisors, Non-Solicit Enforceability, Restrictive Covenants
During the running of a one-month notice of resignation given to her employer, an investment advisor wrote to the firm’s clients advising of her departure to establish a new business and of their investment options: staying at the firm, move to her new business or going elsewhere. In responding to…
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Court Applies Lesser Scrutiny to Non-Solicit, Finding Investment Advisor’s Sale of Good Will in Clients Part of Sale of a Business
September 8, 2021
Topics: Blog, Investment Advisors, Non-Solicit Enforceability, Restrictive Covenants, Sale of a Business
Mandeville Holdings Inc. v. Santucci, 2021 ONSC 4321 An investment advisor’s negotiated sale of the good will in his book of business to a firm causes the Ontario Superior Court to construe his non-solicitation covenant as part of the sale of a business, not within an employment context. The court issues…
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BC Court of Appeal Raises Bar on Injunctions to Enforce Non-Solicit Clauses
August 17, 2012
Topics: Blog, Injunctions, Investment Advisors, Non-Solicit Enforceability, Restrictive Covenants
The British Columbia Court of Appeal has raised the bar considerably for employers hoping to obtain an injunction to enforce a non-solicit clause pending trial. In Edward Jones v. Voldeng, 2012 BCCA 295, released July 3, 2012, the court held that Edward Jones, a securities firm that sought to enforce a six-month…
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