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November 17.2025
2 Minutes Read

MountainOne's Lawsuit: The Critical Importance of Confidentiality in Financial Planning

Quaint urban bank exterior, financial planning context.

Tensions Rise Between Former Advisors and MountainOne Bank

In a recent lawsuit filed in Berkshire Superior Court, MountainOne Bank has accused three former advisors of stealing confidential client information to launch a competing firm known as Green River Financial Services. The bank claims that the advisors—Robert Abel, Jason Dohaney, and James Durand—engaged in serious breaches of fiduciary duty while conspiring with Kestra, their new parent company, to undermine MountainOne’s business interests.

The Financial Fallout from the Departure

With the acquisition of Commonwealth Financial by LPL Financial earlier this year, MountainOne had relied on the assurance that these advisors would remain with Commonwealth to secure guaranteed retention payments. The lawsuit alleges that the advisors’ abrupt resignation has jeopardized these payments, potentially costing MountainOne a significant portion of its revenue as LPL aims to retain approximately 90% of Commonwealth’s advisors. The stakes are high for the bank, which has now found itself with only one advisor left, showcasing the immediate risks small financial institutions face amidst mergers and acquisitions in the financial advisory industry.

Legal Ramifications: Breach of Fiduciary Duties

This situation shines a light on the legal obligations that financial advisors have to their employers and clients. According to MountainOne, the allegations detail how the advisors took actions that constitute a breach of fiduciary duties, including soliciting other employees to join their new venture and unauthorized access to client data. Such moves raise questions about the ethics surrounding client confidentiality and the obligations advisors have when transitioning to a new firm, especially in a highly competitive environment.

Perspectives from the Other Side

On the opposing side, the advisors have characterized the lawsuit as “frivolous,” arguing that MountainOne is attempting to tarnish their reputations out of spite. Abel claims that the firm is misrepresenting their affiliations, asserting a 'separate' relationship with Commonwealth and denying any breach of confidentiality. This raises important discussions around transparency in the advisory field, client ownership, and the definitions of corporate loyalty when advisors move to new firms.

A Broader Context: Industry Trends and Takeaways

The tensions between MountainOne Bank and the former advisors reflect a broader trend within the financial advisory community, where mergers and acquisitions are rampant. Financial planners and wealth advisors must navigate these complex landscapes, knowing their non-compete agreements and the implications of transitioning firms. Understanding the legal framework around such disputes is crucial for financial professionals to safeguard their careers and reputations.

As the financial landscape shifts, advisors must remain vigilant and aware of their contractual obligations, alongside the ethical standards expected by clients and regulatory bodies. The unraveling of this case will likely set precedents for future claims and could reshape how client information is treated during transitions between firms.

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11.18.2025

U.S. ETF Industry's Cost Segmentation: A Game Changer for Financial Planning

Update U.S. ETF Industry's Pivotal Transformation: The Role of Cost Segmentation The U.S. ETF (Exchange-Traded Fund) industry has hit a remarkable milestone in 2025, exceeding the previous record of net inflows with an astounding $1.2 trillion, reflecting a massive evolution in its structure and investment dynamics. This year’s inflows have ignited a notable shift toward distinct price-based segments — low, medium, and high-cost ETFs. These transitions not only highlight the growing demand for cost-effective investment options but also underscore the diversification of strategies being deployed within the industry, appealing to a broader array of investors. Market Dynamics: The Dominance of Low-Cost ETFs The low-cost segment of the U.S. ETF market, defined as those with net expense ratios between 0% and 0.25%, continues to thrive, accounting for 79% of the market. The “Big 3” — Vanguard, BlackRock, and State Street — hold a remarkable 82% combined share in this segment. The competitive nature is palpable, with expense ratios being aggressively reduced to enhance market scope. For instance, Vanguard has recently slashed costs across various ETFs, indicating an undeniable trend toward affordability. The shift places immense pressure on other asset managers to adapt or risk losing their competitive edge in this price-sensitive environment. The Rise of Active ETFs in Medium-Cost Segments Simultaneously, the medium-cost segment, ranging between 0.26% to 0.75% in expense ratios, reveals a discernible trend as active ETFs begin to overshadow smart beta ETFs. Once the darling of this segment, smart beta tied to investment factors like dividends and low volatility is now increasingly replaced by actively managed products catered to changing market demands. Investment firms like Capital Group and JP Morgan are rapidly increasing their market shares, showing that investors are actively seeking funds that offer tailored management rather than passive strategy adherence. High-Cost Segment: The Growth of Leveraged ETFs In stark contrast, the high-cost segment, which typically attracts fees greater than 0.75%, is now dominated by leveraged and buffer ETFs. These products, designed to either amplify returns or safeguard investors against downside risks, have witnessed significant asset inflows, particularly following the advent of single-stock leveraged ETFs. As this segment grows, financial planners and wealth advisors need to scrutinize the viability of these products, especially considering their complexities and the potential volatility they introduce to client portfolios. Implications for Financial Advisors: Navigating Through Choices For financial planners and wealth advisors, comprehending these evolving dynamics is crucial in tailoring customized investment strategies for clients. With the diverse range of ETF offerings, it is essential to match each client’s financial goals with appropriate ETFs, ranging from low-cost passive strategies to more nuanced active management options. As the ETF landscape continues to change, advisors must remain agile, adapting their investment recommendations to incorporate not just fee structures but also the strategic layers within the ETF space. Conclusion: Positioning for the Future The evolution of the U.S. ETF industry into distinct price segments represents both a challenge and an opportunity for financial advisors. As investors increasingly look for tailored solutions in a cost-sensitive environment, understanding these shifts will be pivotal in delivering value and ensuring financial goals are met effectively. Engage with your clients now to understand their preferences, and explore these dynamic options to optimize their investment portfolios.

11.14.2025

Confronting Racism in Financial Planning: Cetera's Bold Move After Viral Incident

Update Racism and Accountability: Cetera’s Commitment to Standards Cetera Financial Group made headlines last week when they publicly fired an employee following the viral spread of an Instagram video showing the individual, identified as Thomas C. Powers, making racially charged comments. Filmed at Denver International Airport, the video captures Powers confronting an Uber driver, threatening to call ICE and declaring, “Get out of the country. I’ll get ICE.” This incident has reignited significant discussions surrounding accountability and standards within the financial industry. The Implications of Viral Social Media Incidents In a landscape where social media can amplify individual actions to a global audience, the optics of professional conduct have never been more critical. The swift action from Cetera highlights the need for corporate accountability—demonstrating that racially insensitive behavior, especially from employees in client-facing roles, is not tolerated. Similar situations have occurred previously, wherein advisors lost their positions due to inappropriate comments that reflect systemic biases. As seen with other notable cases, including Eileen Cure’s termination from LPL Financial, this systemic oversight is becoming increasingly essential as firms seek to align themselves with inclusive values. Public Response and Cultural Shift The public response to such incidents has been mixed; many applaud the immediate action taken against Powers, while others critique companies for only responding to public outcry. The reality remains, however, that rising public expectations compel financial institutions to establish stricter conduct codes. This is especially pertinent as the workforce demographic evolves—drawing from diverse backgrounds that demand respect and equal treatment. Financial planners and wealth advisors must navigate these cultural shifts cautiously, ensuring that their practices resonate with a broader, more inclusive audience. Addressing Racism in Financial Advising While the standards set by firms like Cetera emphasize a zero-tolerance policy towards racism, financial planners must also reflect on the implications of their practices. The financial services field has been criticized for a lack of diversity, making it all the more important to foster a workplace where diverse perspectives are valued and heard. It invites a moment of reflection for existing advisors: How can they bridge this gap to ensure that investments and services are equitable and accessible to all, irrespective of background? The answer lies partially in openly addressing these issues in client education while also focusing on diversity in hiring. The Broader Financial Landscape and Ethical Considerations The Cetera incident also sheds light on a more expansive issue regarding the financial industry's ethical landscape. Registered advisors are now under increasing scrutiny not just for their financial advice, but for their conduct and belief systems. This wake-up call suggests that firms may need to reconsider their hiring practices and cultural training programs to advocate diversity actively. The potential for damage caused by one individual’s actions, as evidenced by Powers' termination, stands as a cautionary tale for others in the realm of wealth advising. As the Cetera case illustrates, personal accountability in corporate contexts is necessary for survival in the competitive landscape of financial advising. Educational programs focused on inclusivity, alongside stringent measures against discrimination, may just serve as the backbone for a transformative shift towards responsible advising practices. Act Now: Demand Ethical Practice in Financial Services The call for accountability does not end here. It's vital for professionals in the financial sector to engage more broadly with their communities. Encourage discussions around ethics and diversity in financial planning, and advocate for better standards within your own firms. Join your voice with others pushing for systemic changes and actively promote diverse representation in your practice. If you're passionate about driving this change, get involved in industry forums that prioritize these values.

11.14.2025

Big Move to Independence: $6B Team Forms 71 West Capital Partners

Update Breaking Away from Tradition: A Shift in Wealth Management This month, a prominent team of advisors from UBS has stepped into the independent advisory landscape by founding 71 West Capital Partners, marking a significant departure from traditional wealth management structures. Led by seasoned advisors Denis Cleary and Greg Devine, this bi-coastal registered investment advisor aims to serve ultra-high-net-worth clients with a tailored approach that reflects their unique financial needs. Notably, the team manages approximately $6 billion in assets, cementing their status as a noteworthy player in the RIA sector. Why Independence Matters The trend of financial advisors leaving established wirehouses like UBS for independence is gaining traction, representing a shift towards client-centric service models. According to recent analyses, the demand for personalized financial planning is prompting advisors to seek greater control over their practices. Cleary and Devine’s move comes amidst a wave of similar departures; just last month, another team transitioned out of UBS, creating a multi-family office with significant backing. The independent advisory space allows advisors more flexibility to innovate and cater to the specific needs of their clientele. As Cleary articulates, advisors now focus on converging planning and investment management without the constraints of corporate structures. This autonomy is appealing not only to advisors seeking to enhance their service offerings but also to clients desiring a more hands-on, customizable experience. The Bigger Picture: Trends in RIA Growth The trajectory of RIA formation is not a mere coincidence but reflects broader changes in the financial advisory industry. A recent report highlighted that UBS has seen a net loss of over 100 advisors this year alone, with many opting for independence as the regulatory environment and client needs evolve. Industry insiders suggest that the push towards building RIAs will only strengthen as more advisors appreciate the benefits of independent practices. In a striking parallel, another high-profile team recently launched Family Office Partners after leaving UBS, similarly catering to families navigating complex financial scenarios. Such developments underline an ongoing trend where multi-family offices and RIAs are preferred by affluent clients due to their bespoke service offerings. Future Insights: The Landscape Ahead Looking ahead, the motivations behind these independent shifts suggest a robust future for RIAs like 71 West Capital Partners. With BNY Pershing providing custodial services, the firm is poised for operational efficiency as it builds its clientele. The rise of technology and the increasing complexity of financial situations faced by clients serve as catalysts for this growth. Advisors looking to switch to indeterminate avenues can expect to encounter increased competition but also greater opportunities to differentiate themselves in a space that prioritizes client relations and tailored solutions. Implications for Financial Planning For financial planners and wealth advisers, the emergence of these independent firms signals a crucial pivot. Understanding the nuances of client expectations and adapting service strategies to meet those demands is essential. The successful establishment of firms like 71 West Capital Partners reinforces the value of innovation in financial planning. As advisors continue to navigate their careers with independence in mind, embracing personalized financial planning strategies is not just beneficial; it is imperative for retaining high-net-worth clients. Take Action: Embrace Change in Financial Planning The landscape of wealth management is undergoing a transformation. Financial planners need to anticipate these changes, adapting their services to offer customized solutions that resonate with clients' evolving needs. The success of newly formed RIAs like 71 West Capital Partners exemplifies the impact of these shifts, urging advisors to evaluate their own positioning within this dynamic environment.

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