How to Avoid the Dreaded TRO: Legal Strategies for Advisors in Transition
The Diamond Podcast for Financial Advisors
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Can Doing Everything Right Still Lead to a Lawsuit?
Louis asks if perfect compliance eliminates risk; Michael and Jarrod explain that lawsuits can still be filed but doing things right makes you a hard target.
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Overview
As TROs and lawsuits make headlines, two top attorneys who represented Merrill breakaways OpenArc, share how advisors can minimize risk, protect client relationships, and make a clean move with confidence.
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NOTE: The views and opinions expressed by the guests on this podcast are their own and do not necessarily reflect the views and opinions of Diamond Consultants. Neither Diamond Consultants nor the guests on this podcast are compensated in any way for their participation.
About this episode…
If you’ve been keeping up with recent industry headlines, you’ve likely noticed a concerning trend: a growing number of TROs (temporary restraining orders) being filed by wirehouses and large firms against advisors who leave.
Firms like Merrill and UBS are increasingly using TROs to restrict advisors from contacting clients or moving accounts immediately after resignation. For those caught in the crosshairs, the consequences can be serious: reputational damage, legal fees, and weeks of uncertainty at exactly the wrong time. Yet for those who are moving with guidance from attorneys experienced in advisor transitions, and are coloring within the lines, it can seem that these legal actions are more show than substance.
To help us unpack what’s happening and, more importantly, how to avoid becoming a headline yourself, Louis Diamond is joined by Jarrod Malone and Michael Bressan, two leading attorneys who represent financial advisors in transitions and disputes.
Their firm, Shumaker, has handled thousands of advisor-related cases—including defending the recent OpenArc transition from Merrill, which drew national attention when a judge quickly ruled in favor of the breakaway team.
Together, they explore: 
- The recent uptick in TROs—and what’s driving the resurgence.
- The firms that have been the most aggressive—and who they are targeting.
- The biggest mistakes advisors can make in a transition—and how to limit your legal risk.
- Merrill’s lawsuit against recent breakaways OpenArc—and what key lessons other transitioning advisors can learn.
- The best practices advisors should implement before, during, and after a move—and why having the right legal plan in place can make all the difference.It’s an eye-opening conversation on the legal side of advisor transitions—and how to make your next move with clarity and confidence.
Want to learn more about where, why, and how advisors like you are moving? Click to contact us or call 908-879-1002.
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The Missing Narrative of the $129B Merrill Breakaway Story
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Michael D. Bressan
Partner
Michael is a member of a team of lawyers who represent large financial institutions and high-net-worth individuals regarding employment transitions and violations of contractual covenants. His practice primarily focuses on securities law, restrictive covenants, trade secrets, corporate change in control issues, mergers and acquisitions, commercial litigation, arbitration, and high-level negotiation.
Jarrod J. Malone
Partner
Jarrod focuses his litigation practice on representing financial and investment advisors transitioning from firm to firm and has advised on some of the largest transitions in the country. He has significant litigation experience in State and Federal Courts, FINRA arbitrations, and has been class counsel in numerous class actions. Jarrod is one of the few lawyers in the United States who have successfully brought Racketeer Influenced and Corrupt Organizations claims in federal court and has handled dozens of TRO cases, both prosecuting and defending, throughout the country. He has substantial knowledge in electronic discovery and has assisted numerous corporations in data breach incidents.
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