Legal Opinion

Merrill Lynch, Pierce, Fenner & Smith v. Schwartz

District Court, M.D. Georgia

Decided February 5, 1998No. 5:98-cv-00033PublishedCited by 3 opinions

1Opinion of the Court

ORDER

OWENS, District Judge.

Plaintiff Merrill Lynch, Pierce, Fenner & Smith (“Merrill Lynch”) has sued defendant Schwartz to enforce various covenants prohibiting Schwartz, who recently left for a competing brokerage firm, from soliciting Merrill Lynch clients whose accounts he managed or learned of during his thirty years as a financial consultant at Merrill Lynch. Both parties agree that the case is subject to mandatory and binding arbitration before the National Association of Securities Dealers (“NASD”). Pursuant to Federal Rule of Civil Procedure 65, plaintiff has moved for a preliminary…

2Cases cited3 opinions

  1. W. R. Grace & Co. v. MouyalSupreme Court of Georgia · 1992
  2. Gold Coast Publications, Inc. v. CorriganCourt of Appeals for the Eleventh Circuit · 1994
  3. American Express Financial Advisors, Inc. v. ThorleyDistrict Court, W.D. New York · 1997

3Cited by3 opinions

  1. LSB Financial Services, Inc. v. HarrisonCourt of Appeals of North Carolina · 2001
  2. Morgan Stanley DW, Inc. v. FrisbyDistrict Court, N.D. Georgia · 2001
  3. Merrill Lynch, Pierce, Fenner, & Smith, Inc. v. NapolitanoDistrict Court, E.D. Pennsylvania · 2000

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