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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

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

MiFID II: An Update on the Rules for Unbundling of Research

The issue of how investment research should be paid for by investors is controversial, long-standing and seemingly perennially the subject of legislative iterations, failure and unintended consequence and more reform. Before...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

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

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

Short Sale Bans in Response to the COVID-19 Pandemic

I. Charting the Proliferation of Current Short Sale Bans and Other Actions - In the wake of the COVID-19 pandemic, numerous European jurisdictions, including France, Italy, Spain, Greece and Belgium have enacted short...more

Planning in a Time of Pandemic: Considerations for Regulated Financial Institutions in the US, EU and UK

The economic and operational stresses caused by the Novel Coronavirus (COVID-19) are highlighting the need for regulated financial institutions to formulate responses to address significant business disruptions (SBDs) and to...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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