JPMorgan and a $14 billion team that moved to Merrill Lynch reached a settlement, ending a quarrel over whether the advisors had violated non-solicitation agreements, according to court documents.
In the contentious dispute JPMorgan argued that the former employees of its private bank had been "bad-mouthing" the company to clients,
Advisors Kirk Cunningham and Todd Helfrich had left JPMorgan in April, joining Merrill Lynch's Private Banking & Investment Group after a short garden leave, according to the lawsuit. They had already transferred about $160 million in client assets when some former clients allegedly complained to JPMorgan about being solicited to move their accounts to the team's new employer, Merrill Lynch.
JPMorgan contended that the advisors had violated non-solicitation agreements they signed while employees and that they had also taken confidential client contact information. The two men had worked for the company's private bank in Chicago.
Cunningham and Helfrich have now agreed to cease soliciting clients they serviced at JPMorgan or clients they know through their employment at JPMorgan, according to the settlement agreement, which was filed Friday in federal court.
However, the settlement does not prohibit the advisors from responding to and servicing clients who contact them.
As part of the settlement, Cunningham and Helfrich did not agree to or admit "any liability or acknowledge any wrongdoing," according to the court documents.
It also does not make "any findings as to whether Defendants violated their agreements with JPMorgan."
The agreement also stipulates that the advisors would sign a certification attesting they have no records or documents belonging to JPMorgan. A Merrill spokesman confirmed they had not taken any such materials.
CEO Ron Kruszewski received praise for leading the firm's wealth management unit to a record for revenue, despite costly legal setbacks.
As Vice President, Underwriting Research and Development, Jackie Waas is involved in investigating and developing underwriting innovations, with an emphasis on concept development, research, presenting new ideas, and participating in concept validation activities.
She started her career with RGA in 2018 as Director of Underwriting Services, where she supported direct-to-consumer accelerated offerings, including assisting with the auditing of the e-underwriting program and helping develop digital health scores while supporting the Digital Health Data team.
Prior to joining RGA, Jackie was an Underwriting Business Consultant and automated underwriting systems subject matter expert with Legal & General America for four years after working in an underwriting capacity with the company for nine years. She also had five years of underwriting experience with AXA Equitable and formerly worked as a marketing manager for Steele Rubber Products.
Jackie received a Bachelor of Arts with a major in communications and a minor in psychology from Lenoir-Rhyne University in North Carolina. She is a Certified Fellow of the Academy of Life Underwriting, a Fellow of the Life Management Institute, and a Fellow of the Financial Services Institute. She is also an Associate, Reinsurance Administration; Associate, Insurance Agency Administration; and an Associate, Insurance Regulatory Compliance. Jackie also holds the Professional, Customer Service Institute designation, and she is a member of the Association of Home Office Underwriters.
Guizhou Hu is Vice President, VP, Head of Risk Analytics at RGA, where he supports global RGA underwriting initiatives and produces internal and external thought leadership pieces based on RGA's in-depth risk analytics. Before joining RGA in 2018, Guizhou served as Vice President, Chief Decision Analytics, for Gen Re and as a Senior Vice President for BioSignia Inc. Guizhou holds a medical degree from Beijing Medical University and a Ph.D. in Philosophy from Cornell University.
Reached for comment, Cunningham referred comment to Merrill Lynch. An attorney representing the advisors, Martin McManaman of Chicago law firm Lowis and Gellen, did not return a call seeking comment.
A spokeswoman for JPMorgan declined to comment.
The agreement does not have any bearing on a pending FINRA arbitration case between the bank and the advisors.
JPMorgan has filed other lawsuits over the past year alleging former brokers had violated non-solicitation agreements.
This is also not the first dispute between JPMorgan and an advisor who moved to Merrill Lynch. Earlier this year,
