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Smith Barney CAP Plan Litigation Status and Success
A former Smith Barney rep inquired recently about the status and success of challenges to the provision in the Smith Barney Capital Appreciation Plan (CAP) which allows the firm to seize not only the firm's unvested contributions to the plan but also the rep's unvested contributions.
The success has varied state by state and few states to date have weighed in on the issue. For example, a New Jersey court found in favor of the firm, though an appeal is promised. On the other hand, an Illinois court agreed with reps that the CAP plan violated state wage laws. A California court ruled in favor of the firm. A Texas-based lawsuit continues.
Reps who have claims may wish to consult a securities attorney for advice.
Source: On Wall Street
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Sponsored by James J. Eccleston, an attorney representing stockbrokers, financial planners and
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