As we understand it, reps at David Lerner Associates are spending their time not providing investment services and earning sales commissions, but instead attempting to answer countless questions about the underlying misrepresentation and omissions relating to Apple REITs, FINRA’s disciplinary action against the firm and other related issues.
Reps sometimes are innocent victims, especially with product cases, where they have been duped by their firms just as the clients have been duped by their firms.
Under those circumstances, reps may have defenses to their David Lerner Associates Training Agreements. We understand that David Lerner Associates may seek to enforce such agreements, but there may a number of defenses to such an action. For example, a common defense may be that a rep effectively was not able to continue to earn a living at the firm, or that it was immoral for the rep to continue to wish to be employed at the firm.
Eccleston Law maintains a robust employment law practice for financial advisers nationwide and would be pleased to discuss a rep’s particular facts to determine if such defenses may exist.
FinancialCounsel.com, hosted by James J. Eccleston, is a companion website to this blog, along with EcclestonLaw.com. It contains complementary material of general interest to investors and financial services professionals. Investors will find material on securities arbitration to recover investment losses; industry and financial markets intelligence; and strategies for estate planning. Professionals have access to material on broker/adviser registration, regulation, compliance and disciplinary proceedings; industry and financial markets intelligence; strategies for estate planning; and broker/adviser employment litigation and injunctions, including defamation and non-competition/solicitation issues. 

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