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Non-Compete, Non-Solicit, and Confidential Information Agreements in the Securities Industry, PART FIVE

BY Ben Prell | 01-23-2010 | 4:11 PM
This blog is written by a member of our blogging community and expresses that member's views alone.

PART FIVE

Plan Ahead and Protect Your Interests

Many investment professionals do not fully comprehend the dramatic
impact that a restrictive covenant can have on their books of business
and their careers. They often assume that because things seem great at
the time they are hired, their interests and the new firm’s interests
will never diverge. Some firms believe that their employment agreements
will always be enforceable, whatever their terms may be, and they do
not properly consider the cost of actually enforcing the provisions. It
is important that the investment professional and the firm each have
their own counsel to advise them on issues involved, and to assist in
the negotiation process. Using some foresight in drafting such
agreements can result in less cost and frustration for both parties if
(or when) the investment professional decides to move on.

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