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House passes Financial Innovation and Technology for the 21st Century Act

On May 22, 2024, the U.S. House of Representatives (the “House”) passed the Financial Innovation and Technology for the 21st Century Act (“FIT21” or the “Bill”) with bipartisan support by a vote of 279-136. FIT21 provides for...more

SEC adopts amendments to Regulation S-P to address risks associated with the expanded use of technology

On May 16, 2024, the U.S. Securities and Exchange Commission (“SEC”) adopted amendments to Regulation S-P (“Reg S-P”) that are intended to help protect investors’ privacy from the “expanded use of technology and corresponding...more

SEC Adopts Clearing Requirement for U.S. Treasury Transactions

On December 13, 2023, the Securities and Exchange Commission (the “SEC” or “Commission”) adopted rule amendments (the “Amendments”) under the Securities Exchange Act of 1934 that will, in effect, require direct participants...more

MiFID II and the U.S. Investment Adviser Regime

The issue of how firms should pay for investment research continues to be a controversial topic in the financial markets. The U.S. has maintained the approach it adopted before the mid-2000s, which is to permit investment...more

2023 Report on FINRA’s Examination and Risk Monitoring Program

On January 10, 2023, the Financial Industry Regulatory Authority (“FINRA”) issued its 2023 Report on FINRA’s Examination and Risk Monitoring Program (the “Report”). The Report, which is a more comprehensive version of FINRA’s...more

SEC Staff Publishes Statement Regarding Form CRS Disclosures

On December 17, 2021, the U.S. Securities and Exchange Commission (“SEC”) staff (“Staff”) issued a statement (the “Statement”), which summarizes certain observations made by the SEC’s Standards of Conduct Implementation...more

SEC Proposes Order to Exempt Certain Finders from Broker-Dealer Registration

On October 7, 2020, the U.S. Securities and Exchange Commission (SEC) proposed an order (the “Proposed Order”) that would allow natural persons to engage in limited activities assisting issuers in raising capital without...more

SEC Proposes to Increase Form 13F Reporting Threshold

Proposed Amendments to Form 13F Would Increase the Reporting Threshold from $100 Million to $3.5 Billion, Among Other Changes On July 10, 2020, the U.S. Securities and Exchange Commission (SEC) issued a proposed rule (the...more

FINRA Releases New Guidance on Retail Communications Concerning Private Placement Offerings

On July 1, 2020, the U.S. Financial Industry Regulatory Authority, Inc. (FINRA) issued Regulatory Notice 20-21 (the “Regulatory Notice”), which provides guidance to broker-dealers on compliance with FINRA Rule 2210...more

US Broker-Dealer Liquidity in the Time of Financial Crisis

As the financial markets react to the COVID-19 pandemic, broker-dealers are increasingly looking for mechanisms to increase liquidity. Complicating matters is the fact that broker-dealers seeking liquidity must comply with...more

US States Regulatory Responses to the COVID-19 Pandemic

On April 16, 2020, the North American Securities Administrators Association (NASAA) released a chart detailing each state’s regulatory response to the COVID-19 pandemic. While the Securities and Exchange Commission (SEC) has...more

OCIE and FINRA Provide Guidance Regarding Regulation Best Interest and Form CRS Examinations

On April 7, 2020, the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued two Risk Alerts: one focused on examinations of compliance with Regulation Best Interest (“Regulation BI”); and one focused on...more

FINRA Proposes Amendments to Suitability and Non-Cash Compensation Rules in Response to Regulation Best Interest

On June 5, 2019, the U.S. Securities and Exchange Commission (SEC) adopted Regulation Best Interest (Regulation BI). The goal of Regulation BI is to improve investor protection by: (1) enhancing the obligations that apply...more

Preparing for Market Disruption: Circuit Breakers and Discretionary Trading Halts

The COVID-19 outbreak and the breakdown of negotiations between oil producers have contributed to a fall in the stock market, ending the longest bull market in history and bringing about a period of volatility. As of March...more

Significant Business Disruptions: Considerations for Broker-Dealers

In light of the threats posed by natural disasters, pandemics and civil disorder, among other events, businesses of all types must formulate responses to address significant business disruptions (“SBDs”) and the safety of...more

SEC Publishes Frequently Asked Questions on Regulation Best Interest

On June 5, 2019, the U.S. Securities and Exchange Commission (the “SEC”) adopted Regulation Best Interest (“Regulation BI”) to improve investor protection by establishing a standard of conduct for broker-dealers making...more

Navigating the Co-Existence of Regulation Best Interest and FINRA Rule 2111

On June 5, 2019, the U.S. Securities and Exchange Commission (SEC) adopted Regulation Best Interest (“Regulation BI”). The goal of Regulation BI is to improve investor protection by: (1) enhancing the obligations that apply...more

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