Article ID: 9454828b5f08ef6c4c22cf60e1932f94f2e796c21357b8a680d42bff63db13ef
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URL: https://www.businessinsurance.com/editorial-time-to-find-a-fix-for-poaching-suits/
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Editorial: Time to find a fix for poaching suits - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Editorial: Time to find a fix for poaching suits by Gavin Souter Gavin Souter Agents and Brokers , Current Issue Howden Mar 1, 2026 The latest wave of lawsuits over alleged insurance broker poaching shows just how broken the sector’s approach to employee mobility has become. Broker recruiting fights are nothing new, but the recent move by Howden to build a U.S. retail operation by hiring hundreds of producers from rival firms has pushed the issue into overdrive, triggering a rush to courthouses as former employers accuse departing staff of breaching nonsolicitation agreements and taking clients with them. What makes this moment especially ironic is that some of the firms now crying foul built their own growth strategies on recruiting teams from competitors. The result is an escalating cycle of lawsuits, counterclaims and settlements that burns through millions of dollars and management time. Meanwhile, the industry continues to sidestep the real question: How can brokers move freely between firms, as professionals in any competitive market should, while still protecting legitimate proprietary information? The lawsuits paint the issue in black and white, but the reality is messier. Brokerage leaders often argue that producers owe their success to their firms’ infrastructure, data, branding and support. Producers counter that they built their books through personal relationships, long hours and individual expertise, and that they often brought clients with them when they joined the firms they are now fighting with. Then come the allegations about downloading client lists or emailing confidential material before resigning. In an era of sophisticated monitoring tools, it’s hard not to wonder why anyone believes that sort of behavior will go unnoticed. Complicating the issue further, courts and lawmakers across states take widely different views on the enforceability of nonsolicitation and noncompete clauses in employment contracts, adding fights over forum to the mix. What’s largely missing from these disputes is the voice of the most important person in the process: the client. If clients value a brokerage’s institutional resources, they can stay; if they value their individual broker, they should be able to maintain continuity of service when that broker moves. Treating clients as tradeable assets ignores the relationship-driven nature of the business. All of this adds up to a staggering waste of time and resources in a service industry that still depends on its people. Instead of reflexively turning to the courts, brokers who say they put clients first should rethink their approach to employee retention and recruitment. That means acknowledging workforce mobility as a reality and designing employment agreements that reflect that. They can include narrow but clear protections for truly confidential information, realistic nonsolicitation periods, fair transition agreements for brokerages and their clients, and tailored contracts where needed rather than boilerplate language for all employees. Insurance broking has long been about expertise — both institutional and individual — relationships and trust. Until the industry aligns its employment contracts with that reality, the courtroom carousel will likely keep spinning. Related News BI , Litmus partner on composite insurer ratings March 1, 2026 Political risk market holds steady amid events March 1, 2026 Suits arise as tariff questions raise D&O risk March 1, 2026 Data spotlight: Number of data centers by state March 1, 2026 View from the top: Manny Padilla, RIMS March 1, 2026 What a rise in older workers means for comp March 1, 2026 Mixed-use mega venue projects create a whole new ball game for insurers March 1, 2026 Viewpoint: Data center zeal expands March 1, 2026 Insurance broker M&A stabilizes after surge March 1, 2026 Facebook-f X-twitter Linkedin-in Business Insurance is a singular, authoritative news and information source for executives focused upon risk management, risk transfer and risk financing. 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