Two brokers who claim Morgan Stanley misled them win back $5M arb award

BrokerDealer.com/blog update courtesy of extracts from InvestmentNews.com

An appeals court has upheld an arbitration award of nearly $5 million for two brokers who claimed Morgan Stanley misled them during the firm’s recruiting process.

A panel of appellate court judges in California unanimously overturned an earlier ruling in the Superior Court of San Diego County that had vacated the award. In the third decision rendered in the case, the Court of Appeal reinstated the award, denying Morgan Stanley’s claims that a potentially biased arbitrator had interfered with the case.

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“Although we conclude the arbitrator failed to make certain disclosures, these undisclosed facts could not cause an objective observer to doubt the arbitrator’s impartiality,” wrote Judge Richard Huffman, in the opinion.

A spokeswoman for Morgan Stanley, Christine Jockle, said the firm disagrees and is still considering how to proceed after the ruling, which was issued Monday.

A lower court had originally vacated the award after Morgan Stanley argued that the industry arbitrator on the panel, who was a broker at a regional firm, failed to disclose his in-laws’ ties to Morgan Stanley and the fact that his daughter allegedly had a brokerage account with Morgan Stanley.

But the appeals court disregarded the notion that any account she had at Morgan Stanley would have had an impact either way on her father’s decision in the matter.

Mr. Huffman also denied the claims that the same arbitrator was biased against Morgan Stanley because the wirehouse recruited a son-in-law who worked at the same firm as the arbitrator. It tried to recruit a second son-in-law but was unsuccessful. Mr. Huffman wrote that Morgan Stanley was aware of those instances before the arbitration began.

“Morgan Stanley was aware of all the allegedly undisclosed facts prior to the subject arbitration,” he wrote. “These undisclosed facts could not cause an objective observer to doubt the arbitrator’s impartiality.”

Mr. Huffman called the firm’s argument “counterintuitive and speculative,” and noted that Morgan Stanley had asked the same allegedly biased arbitrator to sit on a panel in three other arbitration cases in which the firm was a party. Morgan Stanley, which won a substantial portion of at least one of those awards, did not contest the decisions in the other matters.

Read full story here

 

 

Why some brokers stand by commissions?

Thanks to Mason Braswell for taking his time to write a useful piece of article on brokers in investmentnews.com.

LPL adviser Sharon Joseph of Joseph Financial Partners knows she could make more money if she moved her clients onto a fee-based platform with a recurring annual charge of around 1%, but after three decades in the industry, she said that the math doesn’t add up for her clients.

She said that for her approximately 700 clients, all of whom have assets below $2 million, a commission-based model works best.

“I am not afraid of much, and certainly not afraid of the way my pay would change if I moved to fee-based,” Ms. Joseph said. “I stay commission-based because it is the right thing for my clients.”

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That puts Ms. Joseph, whose firm manages around $163 million in assets, in the minority of advisers. For more than a decade, firms such as LPL Financial have been encouraging advisers to go fee-based, meaning that they derive a majority of their business from charging clients around 1% to 2% of assets under management annually. Around 57% of all advisers are fee-based, according to the most recent Cerulli Associates data from 2013.

Meanwhile, broker-dealers continue to push for more fee-based business. Morgan Stanley Wealth Management, which reported it had around $724 billion — or 37% — of assets under management in fee-based accounts as of the end of March, has said that number could rise to around $1 trillion if growth continues at a similar pace.

Firms market fee-based accounts as more transparent and having less conflicts of interest than charging on each transaction, but in reality there is a lot of gray area around what makes sense for the client, said Brian Hamburger, president and chief executive of MarketCounsel, a legal and regulatory consulting firm focused on registered investment advisers.

“We have a tendency to look at this as black and white as commissions are wonderful, or commissions are evil; fees are wonderful, or fees are evil,” he said. “But when you peel back, you start to see the reasons they look at it differently is because clients have different needs.”

CRUNCHING THE NUMBERS

From an expense standpoint, it might be hard to justify a fee-based relationship on a smaller portfolio, such as those Ms. Joseph manages, or on a long-term retirement investment that does not require frequent changes.

The compounding effect of a 1% annual wrap fee on a $1 million retirement account over 20 years is more damaging than an upfront commission and a quarterly 12b-1 marketing, or “revenue sharing,” fee that usually runs around 25 basis points, or .025% of assets, Ms. Joseph argued.

She said she put one of her wealthiest clients who sold a small business for around $2 million into a well-known fund family with a low expense ratio that will allow her to shuffle assets around different funds in the family free of charge.

“Except for capital gains tax, they’ll have no other sales charge for the rest of their life,” she said.

If she had charged a fee on those assets as well, it would have taken out another 1% to 2% of their annual return in addition to the fund’s annual operating expenses.

Overall, around 49% of Joseph Financial Partners’ assets are in mutual funds; 38% is in insurance and annuities and another 13% is in brokerage.

Still, the math can be complicated and depends on what is being offered, said Ned Van Riper, a former financial adviser who now counsels advisers going independent through his firm, Finetooth Consulting.

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Venture-Capital Banking Deals of The Day; Tech Start-Ups Score Funding

BrokerDealer.com blog update:

Raising venture capital and securing start-up funding is in full swing in this year-round season as 3 more early-stage firms raised $50 million in financing this week courtesy of leading venture-capital firms Sequoia Capital, Greylock Partners, and tech titan Salesforce.com.

Cincinnati-based Lisner Inc., which specializes in audio-beacon technology and embeds tones inaudible to the human ear into digital media, received $3.5mil in funding from Boston-based Progress Ventures, Jump Capital, CincyTech, Serra Ventures and Mercury Fund of Texas. The company expects to have $1mil-$2mil of revenue this year.

Skyhigh Networks scored $40mil to fund growth for its IT service that detects, identifies, scores and controls cloud services..

Yik Yak, best known as a gossip-sharing app that lets users post anonymously to forums raised $10mil

BrokerDealer Goldman Sachs ($GS) Accused of Underwriting Boy’s Club Culture; Suit Stipulates Strip Club Mentality

Goldman Sachs Group Inc. (GS) , the global investment bank/broker-dealer was accused of widespread gender discrimination and promoting a “boy’s club” atmosphere that included bouts of binge drinking and trips to strip clubs, as two former female employees seek to expand their lawsuit against the firm with new evidence.

Photographer: Richard Perry/The New York Times via Redux. H. Cristina Chen-Oster, right, and Shana Orlich in New York City in this Sept. 15, 2010 file photo.

Photographer: Richard Perry/The New York Times via Redux. H. Cristina Chen-Oster, right, and Shana Orlich in New York City in this Sept. 15, 2010 file photo.

As reported by Bloomberg LP, “The women asked a federal judge in Manhattan today to let them sue on behalf of current and former female associates and vice presidents. Support for their claims includes statements of former Goldman Sachs employees, expert statistical analyses and evidence on earnings and promotions from the firm’s own records, they said in a court filing.”

In the suit, initially filed in 2010, the plaintiffs stipulate that female vice presidents of one of the world’s biggest banks earned 21 percent less than men and female associates made 8 percent less.  About 23 percent fewer female vice presidents were promoted to managing director of the New York-based bank relative to their male counterparts, they said.

Goldman Sachs has denied the women’s claims and is fighting the case.

BrokerDealer.com: JPMorgan’s Jamie Dimon Diagnosed With Cancer

BrokerDealer.com blog update: JP Morgan CEO Jamie Dimon, indisputably one of the global banking industry’s most recognized leaders announced via internal memo to the investment bank/broker-dealer’s employees that he was recently diagnosed with throat cancer and is scheduled to undergo treatment beginning immediately.

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JP Morgan CEO Jamie Dimon

According to Dimon’s e-mail, the cancer is curable and “the prognosis from doctors is excellent” after multiple tests confirmed the cancer is confined in the lymph nodes on the right side of his neck. The memo said Dimon will undergo eight weeks of chemotherapy and radiation at Memorial Sloan Kettering Hospital and curtail his travel, but he does not plan to take time off from his day-to-day leadership of the firm.

Dimon’s announcement came on the very day he celebrates his 10th anniversary at the helm of the bank, which makes him the longest-tenured CEO among the major U.S. banks. That tenure, which began when JPMorgan acquired Dimon-led Bank One a decade ago, has had plenty of highs and lows.