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Broker-Dealers and Advisers Beware: The SEC’s “PDA” Proposal Could Upend Firms’ Interactions With Customers, Clients and Investors

On July 26, 2023, the Securities and Exchange Commission (SEC or Commission) narrowly approved (3-2) a proposed rulemaking under the Securities Exchange Act of 1934 (Exchange Act) and the Investment Advisers Act of 1940...more

The SEC Proposes Regulation Best Execution

On December 14, 2022, the Securities and Exchange Commission (the SEC or Commission) proposed Regulation Best Execution (Proposed Reg Best Ex), which would establish through Commission rules a federal best execution...more

SEC Adopts Amendments to Electronic Recordkeeping Requirements for Broker-Dealers and Security-Based Swap Dealers

On October 12, 2022, the Securities and Exchange Commission (SEC or Commission) voted to adopt amendments to the electronic recordkeeping requirements for broker-dealers and security-based swap dealers contained in Rules...more

SEC Brings First Identity Theft Enforcement Actions Since 2018

On July 27, 2022, the SEC charged three broker dealers for violations of the Identity Theft Red Flags Rule (also known as “Regulation S-ID”), with penalties ranging from $425,000 to $1,200,000. The regulation requires that...more

Navigating the "Good Faith Effort" Standard for Reg BI and Form CRS Implementation

Firms must demonstrate a “good faith effort” to comply. Last month, SEC Chairman Clayton issued a public statement communicating that firms should not expect a delay of the June 30, 2020 compliance date for Regulation Best...more

No Relief on Reg BI and Form CRS: Firms Must Comply by June 30th, Although Examiners Will Apply a “Good Faith Effort” Standard

On April 2, SEC Chairman Clayton issued a public statement concerning the SEC’s implementation of Regulation Best Interest (“Reg BI”) and Form CRS, available here. The bottom line: firms should not expect a delay in the Reg...more

COVID-19: Key Issues for Broker-Dealers

The spread of the coronavirus (COVID-19) has presented new and unique challenges for the securities industry. The typical “playbook” for disaster relief and business continuity planning never contemplated a world – as we have...more

The Countdown Is On! Building a Reg BI Compliance Program as Deadlines Loom

On June 5, 2019, the SEC adopted a package of rulemakings and interpretations designed to enhance the quality and transparency of investors’ relationships with broker-dealers and investment advisers. The focal point of this...more

SEC’s Final Rules and Guidance on the Standards of Conduct for Broker-Dealers and Investment Advisers

On June 5, 2019, the Securities and Exchange Commission (“SEC” or “Commission”) in a divided 3-1 vote, approved a package of rulemakings and interpretations designed to enhance the quality and transparency of investors’...more

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