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Securities
Breach of Contract
Breach of Implied Contract and Covenant of Good Faith and Fair Dealing

Eric Allen Sigdestad, Shane N. Hertel v. LPL Financial LLC

Published: May 25, 2013 | Result Date: May 13, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 12-00609 Arbitration –  Expungement

Court

FINRA


Attorneys

Claimant

Jonah A. Toleno
(Shustak, Reynolds & Partners PC)

Erwin J. Shustak
(Shustak, Reynolds & Partners PC)


Respondent

David S. Markun
(Markun, Zusman, Freniere & Compton LLP)


Facts

Eric Sigdestad and Shane Hertel filed suit against LPL Financial LLC, asserting causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, tortious interference with actual and prospective economic advantage, and invasion of privacy. The causes of action related to their independent-contractor registered representative affiliation with LPL and LPL's termination of said affiliation and subsequent filing of Forms U5 for the claimants.

Damages

The claimants sought expungement of the statements on the Form U5 and money damages of approximately $250,000.

Result

The parties reached a confidential settlement agreement and the arbitration panel recommended the expungement of various parts of Hertel and Sidgestad's Form U5. The claimants and respondents were both liable for half of the forum fees assessed by the arbitration panel.


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