William and Henry Associates v. Anna Marie Jacob
Published: Mar. 1, 2019 | Result Date: Jan. 7, 2019 | Filing Date: Oct. 3, 2016 |Case number: FINRA: 16-02914 Arbitration – Expungement
Arbitrator
Attorneys
Claimant
John R. Loftus
(Stroock & Stroock & Lavan LLP)
Respondent
Brandon S. Reif
(Reif Law Group PC)
Facts
William and Henry Associates filed an arbitration claim against Anna Jacob in relation to Jacob's employment at William and Henry Associates. Jacob filed a counterclaim against William and Henry Associates and its principal seeking various forms of relief.
Contentions
CLAIMANT'S CONTENTIONS: Claimant contended that while working for claimant, Jacob formed an outside business. Claimant asserted causes of action for breach of fiduciary duty, selling away, outside business activities and interference with contractual relationships.
RESPONDENT'S CONTENTIONS: Jacob denied the contentions and asserted her own causes of action against claimant for fraudulent and defamatory filing of Form U5, failure to pay wages, harassment, discrimination and retaliation. Furthermore, she asserted a claim for interference with ability to earn a substantial fee and breach of contract.
Damages
Jacob sought economic damages.
Result
The panel denied claimant's causes of action and found that claimant was liable to Jacob for $25,000 in costs. It further denied Jacob's statutory claims. However, the panel found that the U5 Form was defamatory and recommended expungement of Jacob's Reason for Termination. The reason shall be changed to voluntary and the termination explanation should be deleted and blank.
Other Information
ARBITRATORS: Michael M. Hachigian, presiding chairperson; Thomas Edward Wall; Barry A. Fisher.
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