Broker Defense
Jones Bell represents brokers in the following areas of practice below:
Securities
Insurance
Real Estate
Mortgage
In addition, Jones Bell offers assistance in the following general areas pertaining to broker defense:
Unfair Competition
Competition for clients and access to markets can be intense. We regularly defend and prosecute claims of unfair competition, false advertising and unjust enrichment involving brokers and their representatives, including:
- Non-Competition Agreements
- California's Unfair Competition Law (B&P Code §17200)
- False and Misleading Advertising (B&P Code §17500)
- Diversion of Customers
- Theft or Misuse of Trade Secrets and other Proprietary Business Information
- Interference with Employee Relations
Trade Secret Protection
Customer lists, renewal dates, premium and compensation information must be properly protected to preserve their value. Business information that is not properly protected does not provide a solid basis for an enforcement action. Jones Bell provides practical legal counsel to evaluate and enhance protections for your proprietary business information, including:
- Employment and Independent Contractor Agreements
- Confidentiality and Non-Disclosure Agreements
- Records Access and Archiving Protocols
- Non-Solicitation and Non-Competition Agreements
- Proprietary Product Licensing and Protection
Compensation Programs
Brokers' financial relations with their executives and production staff take a variety of forms. Jones Bell will assist you in evaluating your many options and drafting effective compensation and incentive programs for every category of personnel, including:
- Commission Policies and Production Agreements
- Employment and Independent Contractor Agreements
- Stock Plans
- Incentive Share Plans
- "Phantom" Stock Arrangements
- Bonus Plans
- Executive Compensation Agreements
- Producer "Book" Acquisitions and Divestitures
Operational Matters
Brokers require sound legal advice and representation across a range of business operation and administration issues, including:
- Corporate Structure
- Liability Protection
- Clearing Agreements
- Marketing Agreements
- Vendor Contracts
- Lawsuit Avoidance
- Lease Negotiation
- Employment Issues
- Commission Agreements and Fee Disclosures
- DOC and DRE Compliance
- Proprietary Product and Lending Program Agreements
- Agency Contracts