Legal
Merrill Seeks Restraining Order Against Former Advisor

Merrill Lynch has filed for a restraining order against a former financial advisor who transferred to Royal Bank of Canada's RBC Dain Rauscher unit. The Wall Street bank claims broker, James Patton, violated terms of the financial advisor agreement he signed when he started working at Merrill Lynch. According to regulatory filings, Patton worked at Merrill Lynch from 1996 until 11 January this year. According to Merrill's complaint, filed in the US District Court for the District of Colorado, Mr Patton acquired names, addresses and confidential information of "hundreds of Merrill Lynch accounts, representing over $105.8 million in assets ... generated over $750,000 in commission." The complaint said Mr Patton resigned without advance notice on 11 January and "wrongfully converted Merrill Lynch customer information and is planning to divert Merrill Lynch customers to his new employer." Merrill Lynch is a member of a pact regarding broker defections that was established voluntarily two years ago, which allows brokers to leave with limited client information without fear of litigation. Departing brokers are allowed enough information to contact clients and ask whether they wish to transfer their accounts to a new firm. However, brokers can't bring account details with them. Set up by Morgan Stanley, Merrill Lynch, Citigroup unit Smith Barney and UBS Wealth Management USA, the pact also includes Wachovia Securities, Raymond James & Associates, SunTrust Capital Markets, Stephens Group and StillPoint Advisors. A spokeswoman from RBC Dain Rauscher told Dow Jones that the firm was not a member of the pact. No decision on the request for a temporary restraining order has been reached.