Item: LaxNeville
Rating: 5
Author: Anonymous

California and Illinois Courts Confirm $10 Million Award and $9.5 Million Award Against Credit Suisse for Unpaid Deferred Compensation

On September 9, 2022, the Superior Court of the State of California entered judgment on a FINRA Arbitration Award against Credit Suisse Securities (USA) LLC, ordering it to pay more than $10 million to seven investment advisors formerly employed in the Los Angeles and San Francisco branches of its now- closed US private bank. This follows the July 8, 2022 decision of the Circuit Court of Cook County, Illinois confirming an award against Credit Suisse and entering a $9.5 million judgment for eight advisors in Chicago.

These fifteen advisors are among the more than three hundred Credit Suisse laid off when it closed its US private bank in 2015. Credit Suisse purported to "cancel" the more than $200 million in earned and vested deferred compensation it owed its three hundred advisors by claiming each of them voluntarily resigned at the same time Credit Suisse was closing their branches and eliminating their positions. The FINRA Panels in Los Angeles and Chicago, like eight other FINRA Panels thus far, unanimously found that Credit Suisse terminated the advisors without cause, breached their employment agreements, and violated their respective states' labor laws, the California Labor Code ("CLC") and Illinois Wage Payment and Collection Act ("IWPCA"). The FINRA Panels ordered Credit Suisse to pay the deferred compensation, statutory interest and penalties, and a total of more than $2 million in attorneys' fees and costs.

Credit Suisse subsequently petitioned to vacate the FINRA Panels' Awards. Among other grounds, Credit Suisse contended that the FINRA Panels exceeded their authority when they determined that Credit Suisse had violated the labor law and awarded statutory attorneys' fees. The California and Illinois Courts disagreed, denying the petitions to vacate in all respects and confirming the Awards, including the labor law violations and more than $2 million in attorneys' fees and costs.

Credit Suisse has now been ordered to pay nearly $40 million in deferred compensation to at least 32 advisors in ten arbitrations See Brian M. Chilton v. Credit Suisse Securities (USA) LLC, FINRA No. 16- 03065; Galli, et al. v. Credit Suisse Securities (USA) LLC, FINRA No. 17-01489; Nicholas B. Finn v. Credit Suisse Securities (USA) LLC, FINRA No. 17-01277; Lerner and Winderbaum v. Credit Suisse Securities (USA) LLC, FINRA No. 17-00057; DellaRusso and Sullivan v. Credit Suisse Securities (USA) LLC, FINRA No. 17-01406; Greene v. Credit Suisse Securities (USA) LLC, FINRA No. 17-00112; Cram, et al v. Credit Suisse Securities (USA) LLC, FINRA No. 17-01632; Barnes v. Credit Suisse Securities (USA) LLC, FINRA No. 16-02214; Hutchinson, et al. v Credit Suisse Securities (USA) LLC, FINRA No. 16-02825; and Douglas B. Prezzano, et v. Credit Suisse Securities (USA) LLC, FINRA No. 19-02974. Credit Suisse has petitioned to vacate at least seven of the awards on liability or damages and has lost before three different Commercial Division judges of the New York Supreme Court and in the United States District Court for the Northern District of Georgia, Illinois Chancery Court and California Superior Court. In addition, Credit Suisse has lost, unanimously, before the New York Appellate Division (First Department) and the New York Court of Appeals, which denied its Motion for Leave to Appeal.

Lax & Neville LLP has won more than $30 million in compensatory damages, interest, costs, and attorneys' fees on behalf of former Credit Suisse investment advisers. To discuss these matters, please contact Barry R. Lax, Brian J. Neville, Sandra P. Lahens or Robert R. Miller at (212) 696-1999.

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