A Washington-based former Hightower advisor received a brief restraining order in opposition to the agency after it accused him of bringing a gun into certainly one of its workplaces and violating restrictive covenants by soliciting shoppers after it fired him.
Lars Knudsen additionally efficiently moved a lawsuit in opposition to Hightower again into Washington state court docket after the RIA tried to maneuver it into federal jurisdiction (Hightower can be suing its former worker in Illinois federal court docket).
“Hightower appears to suppose they will say something, even essentially the most egregious accusations, with out repercussions. However we’ve got the reality on our facet,” Knudsen stated. “They’re bullies, plain and easy.”
In his criticism filed in Washington state court docket on March 20, Knudsen accused his former employer of a scheme to deliver him into the Hightower fold, acquire his signature on a legally unenforceable non-solicitation settlement and push him out so they may preserve Knudsen’s ebook of enterprise for themselves.
“Hightower’s motivation in severing advisors like Knudsen from their shoppers is evident: greed,” the criticism learn. “At an organization degree, Hightower is making an attempt to steal shoppers from profitable advisors which might be departing or that it’s making an attempt to power into retirement (like Knudsen) in order that it may possibly prop up its valuation because it appears to seek out an acquirer.”
In its Illinois-based lawsuit, Hightower claimed it fired Knudsen in late February for bringing a gun into the agency’s Bellevue, Wash., workplace in violation of firm coverage, amongst different allegations. After firing him, the RIA claimed Knudsen reached out to former shoppers to disparage his former employer whereas beginning work at a competitor.
Hightower declined to answer this story, with a spokesperson saying it doesn’t touch upon pending litigation.
Knudsen based Triad Wealth Administration and transitioned that enterprise to Hightower in 2014, working within the agency’s Bellevue department. In 2018, that agency’s principals based HT Bellevue Advisors, gaining extra independence and possession stakes whereas remaining Hightower advisors, bringing their shoppers onto Hightower’s techniques.
One yr later, Hightower acquired a better curiosity within the agency, and because of this, Knudsen allegedly signed a non-compete settlement with that RIA. Nevertheless, Knudsen alleged in his criticism that the restrictive covenants are extraordinarily harsh, with stipulations that might final past 2028 and lengthen all through the nation.
In response to Knudsen, Hightower introduced two new advisors into the Bellevue agency through an acquisition, leading to an “instant” change in tradition. Regardless of Knudsen’s assertions he had no plans to retire anytime quickly, the advisor stated Hightower repeatedly pressured him to plan his retirement. He claimed different members of the agency made disparaging complaints about him to shoppers, all to push him out.
Nevertheless, in its swimsuit, Hightower alleged that an investigation discovered Knudsen hadn’t break up earnings along with his agency companions, diverted about $225,600 in shopper charges belonging to the agency, and spent agency funds on private gadgets.
One managing companion additionally alleged that Knudsen introduced a loaded firearm into the workplace on a number of events, that he mentioned it continuously and that she typically heard the sound of him taking his gun out and in of his holster from outdoors his workplace. In a single occasion, he allegedly stored the gun on the desk throughout a “termination dialog.”
Knudsen denied all this, together with the firearm accusations, although he acknowledged that a number of years prior, he by accident introduced his firearm into the workplace. Upon realizing the error, Knudsen stated he instantly introduced the gun again to his automotive and by no means “brandished” it. However, Hightower fired Knudsen in February.
The RIA claimed in its Illinois swimsuit that Knudsen repeatedly reached out to former shoppers whereas getting ready to start out work on the Seattle-based Hohimer Wealth Administration (Knudsen shouldn’t be presently registered with Hohimer or every other agency). Hightower claimed Knudsen warned advisors their cash was “not protected.”
An Illinois federal court docket decide denied Hightower’s movement for a TRO on Knudsen whereas contemplating the advisor’s movement to remain the court docket proceedings due to the continuing court docket battle between the 2 events in Washington state.
However in Washington state court docket this week, Choose Jason Holloway dominated in favor of Knudsen’s TRO in opposition to Hightower, demanding that the RIA not distribute Knudsen’s Type U5 to anybody apart from a regulatory authority, not state that regulators endorse something in that doc and to not disparage Knudsen to its shoppers.
Greater than a dozen of Knudsen’s shoppers filed sworn declarations supporting Knudsen’s TRO, in response to Andrew Escobar, a companion at Seyfarth Shaw, who’s representing Knudsen. His attorneys will now transfer to dam Hightower from imposing its non-solicitation contract with the advisor.
