Court upholds branch office manager's win against Hilliard

A Federal judge refuses to vacate an award from June 2009 arbitration ruling.
MAR 03, 2010
A federal judge yesterday denied a request by J.J.B. Hilliard W.L. Lyons LLC to overturn an arbitration award won by a former branch manager at the firm. Judge Susan J. Dlott of the U.S. District Court for the Southern District of Ohio refused to vacate a June 2009 arbitration award won by the manager, Carlos Reisen Jr., in a Form U-5 defamation case against the firm. The arbitration panel gave Mr. Reisen $516,000 in damages and $115,000 in attorney's fees, and ordered defamatory language removed from his U-5 termination report. The firm had claimed on Mr. Reisen's U-5 that he was involuntarily terminated for "violating his duty of loyalty" to the firm by helping two brokers move to a competitor while Mr. Reisen himself was interviewing with the competing firm, according to court documents. "I'm glad it's over," said Mr. Reisen, now president of his own advisory firm, Ascent Advisors LLC. "I do wish … the process could be a bit speedier," he said. Arbitration decisions "should not be extended for unreasonable reasons." Hilliard has yet to pay him, he said. Losing parties in arbitration can delay making payments while an appeal is pending. Chambers Moore, a spokeswoman for Hilliard, said the firm would appeal the decision. She declined to comment further. Mr. Reisen argued that he was a non-producing complex manager overseeing four Hilliard offices in the Cincinnati, Ohio area. "Not only did the U-5 damage me to the point where no firms would talk to me, but I had no book" of clients, he said. Mr. Reisen, 62, said he's had to build his advisory business from scratch. He now has about $3 million under management.

Latest News

Maryland bars advisor over charging excessive fees to clients
Maryland bars advisor over charging excessive fees to clients

Blue Anchor Capital Management and Pickett also purchased “highly aggressive and volatile” securities, according to the order.

Wave of SEC appointments signals regulatory shift with implications for financial advisors
Wave of SEC appointments signals regulatory shift with implications for financial advisors

Reshuffle provides strong indication of where the regulator's priorities now lie.

US insurers want to take a larger slice of the retirement market through the RIA channel
US insurers want to take a larger slice of the retirement market through the RIA channel

Goldman Sachs Asset Management report reveals sharpened focus on annuities.

Why DA Davidson's wealth vice chairman still follows his dad's investment advice
Why DA Davidson's wealth vice chairman still follows his dad's investment advice

Ahead of Father's Day, InvestmentNews speaks with Andrew Crowell.

401(k) participants seek advice, but few turn to financial advisors
401(k) participants seek advice, but few turn to financial advisors

Cerulli research finds nearly two-thirds of active retirement plan participants are unadvised, opening a potential engagement opportunity.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today’s choppy market waters, says Myles Lambert, Brighthouse Financial.

SPONSORED Beyond the dashboard: Making wealth tech human

How intelliflo aims to solve advisors' top tech headaches—without sacrificing the personal touch clients crave