Back in April 2022, we wrote about the SEC killing the Dealer/Trader distinction. We also noted then that it would come as no surprise to see the SEC re-propose amendments to Exchange Act Rule 15b9-1. Just a few months later, the SEC has done just that. Rule 15b9-1 currently exempts…
BrokerCheck is the database through which FINRA publishes licensing, registration, and disciplinary history of brokerage industry firms and their personnel. BrokerCheck does not currently specify whether a particular firm is a “Restricted Firm”–one FINRA considers to “pose far higher risks to the public than firms of similar size” based on…
Our recent client alert discusses the SEC complaint against three individuals alleging insider trading of digital assets via a scheme to trade ahead of multiple announcements regarding crypto assets being made available on a United States-based digital asset exchange at which one individual was a former product manager.
Our recent client alert discusses whether the SEC’s proposals to expand the “exchange” and “dealer” definitions are part of the agency’s crypto and defi strategy.
Our recent client alert discusses the SEC’s “Reg Flex” agenda for rulemaking, which provides a glimpse into how the agency will prioritize its resources over the coming six months from a policy and rulemaking standpoint.
Our recent client alert discusses the complaint the SEC recently filed, which marks the first charges the agency has brought under Regulation Best Interest, the SEC’s landmark ruling from 2019.
Cybersecurity and technology governance remain a top area of focus for the SEC and FINRA, as the regulators continue to concentrate on improving the overall cybersecurity posture and resiliency of the financial sector. FINRA covered this in its 2022 Report on its Examination and Risk Monitoring Program. The SEC is…
It came as no surprise that FINRA’s 2022 Examination and Risk Monitoring Program Report highlighted communications with the public as a continued area of focus. The primary theme across this focus area relates to the sufficiency of internal processes, procedures, and controls. As FINRA has done with other areas, the…
The SEC recently published its 2022 Examination Priorities Letter on the heels of FINRA issuing its 2022 Examination and Risk Monitoring Program Report. One of many areas of common focus is financial management, and more specifically, net capital requirements and safekeeping of funds and securities. The SEC, for example, reminded…
Our recent client alert discusses an SEC staff bulletin reiterating the standards of conduct applicable to broker-dealers and investment advisers when making account recommendations to retail investors. Broker-dealers are subject to Reg. BI. Investment advisers are subject to the fiduciary standard under the Advisers Act. The standards of conduct are…