Fundamental Portfolio Advisors, Inc. v. Tocqueville Asset Management, L.P.

This breach of contract action arises out of defendants’ alleged violation of a noncompete agreement the parties entered into in the course of exploring a possible acquisition by defendant investment advisory firm, Tocqueville Asset Management, L.P, of the investment advisory assets of plaintiff Fundamental Portfolio Advisors (FPA), an investment advisory firm. I disagree with the majority’s award of summary judgment to defendants, because issues of fact make it improper to conclude as a matter of law that plaintiffs waived their rights under the parties’ contract. Nor are undisputed grounds…