News & Analysis as of

Investment Adviser State Attorneys General

Cozen O'Connor

The State AG Report – 3.7.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Washington AG Adds to Nationwide Efforts to Prevent (A)I,...more

Cozen O'Connor

GOP AGs Tell BlackRock to be Bo(u)lder With Its Conflicts Oversight

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A group of 15 Republican AGs sent a letter to BlackRock, Inc.’s fund directors (collectively, “BlackRock”) reiterating concerns as to whether the investment adviser has sufficiently investigated its ESG policies and potential...more

Cozen O'Connor

Republicans Target Mutual Fund Directors in Latest ESG Probe

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15 Republican AGs wrote a letter to ten mutual fund directors who helm funds for which BlackRock, Inc. serves as an investment adviser, requesting information regarding potential conflicts of interest and ESG investments....more

Jenner & Block

Client Alert: Antitrust and ESG—How to Stay Ahead of the Game

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On May 15, 2023, 22 state attorneys general sent a letter to several insurance companies warning that the companies’ Environmental, Social, and Governance (ESG) policies may violate the antitrust laws. Just six weeks earlier,...more

ArentFox Schiff

NYAG Proposition of Digital Assets Legislation

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On May 5, 2023, New York Attorney General Letitia James announced a landmark bill — the Crypto Regulation, Protection, Transparency, and Oversight (CRPTO) Act — that, if passed, would dramatically tighten regulation on...more

Troutman Pepper

Twelve State AGs Send Letter Opposing SEC Rule Regulating Cryptocurrency

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On May 8, 12 states led by Arkansas Attorney General Tim Griffin sent a letter to the Securities and Exchange Commission (SEC), opposing its recently proposed rule to give the commission the authority to regulate...more

Cozen O'Connor

Republican AGs Oppose SEC Efforts to Regulate Cryptocurrencies

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A group of twelve Republican AGs wrote a comment to the SEC opposing a proposed rule that would expand the Commission’s authority by allowing it to regulate cryptocurrencies. In the comment, the AGs argue that the SEC lacks...more

Goodwin

New York CRPTO Bill Would Prohibit Many Digital Asset Activities and Impose Sweeping Market Structure Changes

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On May 5, 2023, New York Attorney General Letitia James released a bill for consideration by the New York State Legislature that would implement comprehensive and far-reaching regulation of digital asset activities in the...more

Shipkevich PLLC

New York AG Proposes Landmark Legislation to Regulate Crypto: Making a Bold Statement

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On May 5, 2023, the New York Attorney General, Letitia James, proposed a “landmark” bill to increase regulations (again) on the cryptocurrency industry, thereby supposedly protecting investors, consumers, and the broader...more

Skadden, Arps, Slate, Meagher & Flom LLP

NYAG Files Action Against Crypto Trading Platform, Takes Position That ETH Is a Security

On March 9, 2023, the New York State Attorney General’s Office (NYAG) filed a lawsuit charging crypto trading platform KuCoin for “failing to register as a securities and commodities broker-dealer and falsely representing...more

Cozen O'Connor

Republican Attorneys General Object to Proposed Changes to Retirement Funds Fiduciary Rules

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A group of 22 Republican AGs, led by Utah AG Sean Reyes, sent a comment letter to U.S. DOL opposing a proposed rule that removes barriers for retirement plan fiduciaries to consider environmental, social, and governance...more

Cozen O'Connor

New York AG Issues Additional Guidance On Recent Investor Protection Bureau Rule Amendments

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New York Attorney General Letitia James provided additional guidance on recent Investor Protection Bureau (“IPB”) rule amendments intended to increase transparency into the investment adviser representatives and securities...more

Tarter Krinsky & Drogin LLP

New York State Attorney General Adopts Solicitor Registration And Drops Finder Registration 

In April 2020, the Investor Protection Bureau of the New York State Attorney General’s office (OAG) announced its efforts to modernize the state’s securities laws. As part of this initiative, the OAG proposed the registration...more

Tarter Krinsky & Drogin LLP

Investment Adviser Representatives Must Register Under New York Law Effective February 1, 2021

The Investor Protection Bureau (IPB) of the New York State Attorney General’s office is slowly modernizing the state’s securities laws to reconcile with changes under Federal law. As part of this effort, beginning on February...more

Stark & Stark

New York Investment Adviser Representatives Now Subject to Registration

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On December 1, 2020, the New York Attorney General announced amendments to the New York Investment Advisory Act (the “Rules”) that will require investment adviser representatives (“IARs”) to register with the state of New...more

Kilpatrick

The New York AG Estimates Rule Proposals Would Impact up to 14000 IARs 5500 Issuers

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On April 15, 2020, the Investor Protection Bureau of the New York Department of Law (a division of the attorney general’s office) (the “Bureau”) published proposed amendments to regulations governing state-registered...more

Manatt, Phelps & Phillips, LLP

Tuning Out Harmony: The Second Circuit Upholds Regulation Best Interest

Last year, a group of state attorneys general (AGs) filed suit against the Securities and Exchange Commission (SEC), challenging the agency’s Regulation BI (Best Interest), enacted in June 2019. Regulation Best Interest...more

Eversheds Sutherland (US) LLP

Update – Who’s calling the Hoosiers? Indiana’s amended telephone solicitations law unlikely to apply to broker-dealers and...

On September 24, 2019, in response to a request for clarification by certain industry groups, the Indiana Attorney General’s Office issued a Memorandum of Legal Guidance (the “MLG”) confirming that the amendments to the...more

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