The authorized fracas between Edelman Monetary Engines and Mariner Wealth Advisors exhibits no signal of abating, because the rivals are pushing the decide to rule of their favor earlier than trial whereas every tries to exclude skilled testimony from the opposing aspect.
Final Friday, Mariner and Edelman filed oppositions to motions for abstract judgment that every agency beforehand submitted. (In a abstract judgment, a decide guidelines in favor of 1 social gathering earlier than a full trial.)
Edelman first sued Mariner in 2023, alleging it lured quite a few advisors to interrupt non-solicitation agreements and steal commerce secrets and techniques, whereas Mariner responded that Edelman was utilizing the lawsuit to ship “a chilling public message” to “stifle honest competitors.”
Whereas a lot of Edelman’s opposition to Mariner’s abstract judgment movement was positioned below seal and isn’t publicly obtainable, Mariner’s opposition to Edelman’s abstract judgment try pressured that the agency didn’t instruct former Edelman advisors to repeat shopper names.
Moreover, Mariner asserted that “whereas a shopper record can, below sure circumstances, represent a commerce secret, a ‘mere record’ of shoppers’ names doesn’t represent a commerce secret.”
“A shopper record can solely rise to the extent of a protectable commerce secret when the record accommodates one thing greater than names and phone data,” Mariner argued, saying Edelman failed to call a single case in its arguments the place “shopper names alone” had been thought-about commerce secrets and techniques.
Each corporations additionally filed motions making an attempt to cease their rivals from utilizing skilled testimony from witnesses. Mariner’s witness is Phil Waxelbaum, an business guide with earlier stints at Deutsche Financial institution, JPMorgan and UBS, whereas David Bones, a forensic accountant on the danger consulting agency HKA, is testifying for Edelman.
As with quite a few different court docket paperwork, some arguments and proof for and towards, together with their testimonies, stay below seal, however in its September movement to exclude Bones’ testimony, Mariner attorneys argued his “opinions are inadmissible as a result of they’re neither grounded on ample details or information, nor are they the product of dependable rules or strategies.”
In the meantime, Edelman argued that Waxelbaum’s argument that Mariner’s recruitment and onboarding practices had been “in keeping with business requirements” was “irrelevant,” and that simply because Waxelbaum discovered Mariner’s practices “allegedly typical” didn’t make them authorized.
“Furthermore, if Mr. Waxelbaum is allowed to testify, it’s extremely doubtless that the jury will confuse what he deems to be the ‘business normal’ for the authorized normal, and will absolve Mariner of legal responsibility as a result of their practices had been purportedly ‘customary,’ no matter whether or not they violated the regulation,” Edelman’s September movement learn.
Earlier this yr, Edelman accused Mariner CEO Marty Bicknell of personally making an attempt to entice not less than one Edelman advisor to modify corporations. The agency argued that Bicknell referred to as Edelman advisor Michael Horne in promoting the swap; Horne resigned from Edelman in 2021.
In line with a portion of a transcript for a deposition Bicknell gave in Might that Edelman submitted as a part of its transient opposing Mariner’s abstract judgment movement, the Mariner CEO acknowledged chatting with Horne earlier than he had been employed, although there aren’t any particulars about what the dialog entailed.
Mariner declined to remark. An Edelman spokesperson mentioned the agency was “deeply dedicated to placing out shoppers’ greatest pursuits first,” and that “each motion we take is guided by our unwavering obligation to our shoppers,” although wouldn’t remark particularly on the case.