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Expert Advice for Non-Protocol Moves:

What Advisors at Ed Jones Need to Know

One of the things we hear most from Ed Jones advisors considering a move:

“I fear that if I leave, I will be sued by the firm.”

And while it’s a real concern, it’s a rare occurrence. That is, when done the “right” way and with the guidance of an attorney who specializes in advisor transitions from non-Protocol firms like Ed Jones.

In this special podcast episode, Jason Diamond welcomes one such attorney, David Gehn from Ellenoff Grossman & Schole LLP.

David has moved countless advisors from Ed Jones and other non-Protocol firms, so he speaks from experience, sharing what you need to be aware of when making a move, including:

  • What extra steps you need to take to avoid litigation.
  • What you should be most concerned about.
  • How to position yourself for a “successful” transition with the highest level of portability and the lowest level of risk.

Plus, given David’s expertise with advisors from Ed Jones, he shares first-hand insight on the factors driving movement—particularly timely considering the recent high-profile departure of Ed Jones Top Advisor Jennifer Marcontell.

Listen in to this conversation with David Gehn, Partner, Ellenoff Grossman & Schole LLP

> Download a transcript of this episode…

David Gehn
Partner, Ellenoff Grossman & Schole LLP

David A. Gehn, a member of the Firm, is the head of the firm’s Litigation and Regulatory Enforcement group. Mr. Gehn has been representing clients ranging from the largest broker-dealers and registered investment advisors to individuals in large and complex civil, criminal, and regulatory investigations and litigation, as well as in contractual and transitional matters for over the last 25 years.  Mr. Gehn also represents professional athletes and was formerly a certified NFL Contract Advisor.

Since 1992, Mr. Gehn has concentrated his practice in the financial services industry.  Early in his career, among other things, Mr. Gehn filed approximately 20 cases against the self-professed Wolf of Wall Street, Jordan Belfort, and Stratton Oakmont, all of which settled for millions of dollars in the aggregate.  Mr. Gehn also filed other well publicized cases in the 1990’s, including a civil action against Marion “Suge” Knight, former owner of Death Row Records, based upon an assault at a Death Row Christmas party.

From 1998 to 2000, Mr. Gehn was General Counsel of Bluestone Capital, a broker-dealer, and its online trading division, Trade.com.

Prior to joining the firm, Mr. Gehn was a Member of Gusrae Kaplan Nusbaum, PLLC for over 16 years.  While there, he was one of three attorneys who filed a federal class action in the Southern District of New York against, Fairfield Greenwich Limited, et al., the largest Bernard L. Madoff Investment Securities “feeder fund”, which settled for an amount in excess of $250 million.  From 2014-2016, Gusrae Kaplan was recognized by BTI Consulting Group as an “honor roll” member on its list of the nation’s 50 “most feared” litigation law firms.

Overall, Mr. Gehn has almost 100 reported FINRA arbitration awards, which include 7 matters in which he has obtained expungement for his clients.  He also litigates in federal and state courts, with several matters resulting in published opinions.

Mr. Gehn has represented financial professionals in multiple SEC, FINRA, and CFP investigations and enforcement proceedings.  In 2020, Mr. Gehn has already successfully closed an SEC Investigation with “no action” and 5 FINRA and State regulatory investigations by way of a “letter of caution”.

Mr. Gehn also advises financial professionals concerning the transition of their financial practice, FINRA inquiries, non-solicit/non-compete issues, and Protocol compliance.  Mr. Gehn was named the “top Protocol attorney in the United States” by AdvisorHub.” Over the last 2 years, Mr. Gehn has worked with over 125 financial professionals in the transition of their professional practices.  He is familiar with the traditional, independent, RIA, and bank brokerage models.

Mr. Gehn also has an active practice representing professional athletes. Since 2016, Mr. Gehn has represented at least 1 player selected in the 1st round of the NFL draft, including a top 15 selection in the 2017 NFL Draft and a top 10 selection in the 2016 NFL Draft.  Mr. Gehn also represents several other active and retired players.

An Open Letter to Edward Jones Advisors

Edward Jones Breakaway: From Knocking on Doors (Literally) to Building a $2B Independent Enterprise

What’s Driving All the Advisor Movement Away From Ed Jones?

Edward Jones’ Top Broker Takes Her $1.7B Book to Ameriprise

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