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Remedies Keyed to Kovacic-Fleischer, 8th
Salomon Smith Barney Inc. v. Vockel
Citation:
137 F. Supp. 2d 599 (2000)Facts
Stewart Vockel worked as a financial consultant for Smith Barney from November 1994 until April 28, 2000, managing approximately 470 client accounts worth approximately $70 million that generated over $500,000 in annual commissions. In early 2000, Vockel accepted an employment offer from competitor Paine Webber that included a substantial signing bonus. On or about April 19, 2000, while still employed by Smith Barney and without permission, Vockel provided Paine Webber with account statements for 254 of his Smith Barney client accounts. Paine Webber prepared solicitation packages containing transfer forms with preprinted Smith Barney account numbers and mailed them on April 28, 2000, the same day Vockel resigned from Smith Barney in the late afternoon. Vockel spent the weekend calling clients to encourage them to transfer their accounts. Significantly, in 1994 when Smith Barney hired Vockel away from Merrill Lynch, Smith Barney had requested and received Vockel’s Merrill Lynch client information, prepared solicitation packages, instructed Vockel to resign late on a Friday, and facilitated the identical solicitation process from which Smith Barney profited for over five years.
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