Benjamin Coulter

Benjamin Coulter

Burr & Forman

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Banking & Financial Services E-Note

In This Issue: - 70 Countries Agree to Share Bank Information in Tax Evasion Probe - Financial Industry Pushes Back Against Proposed ERISA Requirements - Federal Reserve Proposes Tougher Stress Tests for...more

7/11/2014 - Banking Sector Banks Choke Point ERISA Federal Reserve Information Sharing Payday Loans Stress Tests Tax Evasion

Reverse Churning: Don't Fall Asleep at the Wheel

It is obvious that broker-dealers and their registered representatives, and investment advisors, must be careful in making recommendations to clients. But the recent increase in regulatory interest relating to inaction in a...more

7/11/2014 - Broker-Dealer Fiduciary Duty FINRA Investment Adviser Reverse Churning SEC

FINRA Withdraws Bonus Disclosure Rule

On Friday, June 20, 2014, the Financial Industry Regulatory Authority (“FINRA”) withdrew its proposed Rule 2243, which would have required disclosure and reporting of FINRA member recruiting practices. Essentially, the rule...more

7/2/2014 - Bonuses Disclosure Requirements FINRA Proposed Regulation

Corporate & Tax E-Note - June 26, 2014

In This Issue: - SBA Ups Size Standards, Allowing 8,400 Firms to Become Small Biz - Auditors Want to Limit Reporting of 'Critical Audit Matters' - House Approves Permanent Extension of Small Business Tax...more

6/27/2014 - Auditors Board of Directors Cybersecurity EU Federal Contractors Government-Guaranteed Loans IPO Loans New Legislation Patent Reform Public Offerings SBA Small Business Startups Tax Incentives Tax Loopholes

SEC Begins Proceedings on FINRA Proposal Concerning Per Share Estimated Valuations for Unlisted DPP and REIT Securities

On May 20, 2014, the Securities and Exchange Commission initiated proceedings to determine whether to approve a proposal by the Financial Industry Regulatory Authority, Inc, (FINRA) to amend the NASD and FINRA rules governing...more

6/13/2014 - Compliance DPPs FINRA NASD REIT SEC

Second Circuit Reverses SDNY In SEC-Citigroup Settlement Case

On June 4, 2014, the United States Court of Appeals for the Second Circuit vacated and remanded a November 28, 2011 order from the United States District Court for the Southern District of New York refusing to approve a...more

6/6/2014 - Chevron Deference Citigroup Enforcement Enforcement Actions Interlocutory Appeals Judge Rakoff Risk Management SEC SEC v Citigroup

Banking & Financial Services E - Note - May 2014

In This Issue: - Fed Regulator Calls for End of Banks' Self-Grading of Risk - Regulator Won't Act on Loan Limits for Fannie Mae and Freddie Mac - Community Bankers Support Tiered Banking Regulatory System -...more

5/23/2014 - Banks Community Banks Cybersecurity Data Protection Fannie Mae FFIEC Financial Regulatory Reform Freddie Mac Lending Limits Rule Risk Assessment Risk Management

FINRA Sends Transition Bonus Disclosure Rule To SEC

In a move designed to increase transparency between its member firms’ registered persons (“representatives”) and their former clients when they move from one firm to another, the Financial Industry Regulatory Authority...more

5/21/2014 - Compliance Disclosure Requirements FINRA SEC Transparency

FINRA Finalizes Mandatory Background Check Rule

On April 24, 2014, the Financial Industry Regulatory Authority (FINRA) announced that its board of governors had approved rules requiring that firms to run background checks on new hires, whether new brokers or transfers, to...more

5/14/2014 - Background Checks Compliance Criminal Background Checks FINRA

Banking & Financial Services E-Note

In This Issue: - Appeals Court Says Dodd-Frank Clause Violates 1st Amendment - Basel Committee Eases Derivatives Rule for Banks - CFPB Revises International Money Transfer Rule - AG Seeks More Enforcement...more

5/1/2014 - Banks Bitcoins CFPB Cyber Attacks Cybersecurity Data Protection Derivatives Dodd-Frank FHA First Amendment Money Transfer Retailers

FINRA Moves Forward With Proposed Rule Requiring Disclosure Of Recruitment Bonuses

FINRA has submitted a proposal to the SEC to adopt FINRA Rule 2243 (Disclosure and Reporting Obligations Related to Recruitment Practices). In FINRA’s words, Rule 2243 would require, in some cases, “specific disclosure by...more

4/3/2014 - Bonuses Corporate Bonuses Disclosure Requirements FINRA

Banking & Financial Services E-Note - January 31, 2014

In This Issue: - DOJ Weighs Action Against Banks Over Payday Lending Business - More Regulatory Scrutiny Causing Banks to Pass on LBOs - Officials to Issue New Rules on Banks Holding Marijuana Funds - Fed...more

2/4/2014 - ATMs Banks CFPB Commodities Compliance DOJ Financial Regulatory Reform Mortgages Payday Loans Qualified Mortgage Rule

“Interim Final” Volcker Rule Approved

On December 10, 2013, the Board of Governors of the Federal Reserve System, Commodity Futures Trading Commission, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, and Securities Exchange...more

1/27/2014 - American Bankers Association Banking Sector Collateralized Debt Obligations Dodd-Frank FDIC Final Rules Financial Regulatory Reform Hedge Funds Market Making Private Equity Proprietary Trading Trust Preferred Securities Underwriting Volcker Rule

Third Circuit Court Of Appeals Finds Plaintiff Failed To Meet PSLRA’s Scienter Pleading Requirement

Rahman v. Kid Brands, Inc., 2013 WL 6038246 - Shah Rahman, the plaintiff and appellant, brought a federal securities class action in March 2011 against defendant Kid Brands, Inc. and against individual defendants Bruce...more

1/2/2014 - Class Action Pleading Standards PSLRA Scienter Section 10(b) Securities Litigation

Corporate & Tax E-Note - June 27, 2013

In This Issue: - Secrecy Provision of JOBS Act Boosts IPO Pipeline - SEC Chair Says Companies Will Soon Have to Admit Wrongdoing - SBA Revises Standards Determining Small Business Sizes - Group Announces...more

7/2/2013 - Business Development Crowdfunding IPO JOBS Act Research and Experiment Tax Credit SBA SEC Small Business Startups

Banking & Financial Services E-Note - April 25, 2013

In This Issue: - Regulators Could Step in with Tougher Rules as Bank Profits Rise - Bill Would Force Study of Basel III Impact on Bank Capital Costs - Regulator Wants Enforcement Powers Against Bank...more

4/26/2013 - Barack Obama CFPB Compliance Cyber Attacks Cybersecurity Enforcement Extensions FDIC Federal Reserve Living Will Loans Mortgages Profits SEC Small Business

Burr Alert: Proposed FINRA Rules Governing Markups, Commissions And Fees

Through its recent Regulatory Notice 13-07, the Financial Industry Regulatory Authority ("FINRA") announced and sought comments on its proposed amendments to rules governing markups, markdowns, commissions and fees associated...more

4/10/2013 - Broker Commissions Brokers Fees FINRA Markups

Banking & Financial Services E-Note - March 28, 2013

In This Issue: - Global Banking Group Calls for Several Rates to Replace Libor - U.S. Applies Money-Laundering Rules to "Virtual Currencies" - SEC Says Big Banks Don't Have to Hold Shareholder Break-Up Votes -...more

4/3/2013 - CFPB Credit Unions International Accounting Standards Board Libor Loans Money Laundering SEC Shareholder Votes Small Business Student Loans TARP Virtual Currency

Corporate & Tax E-Note - March 28, 2013

In This Issue: - SEC Yet to Release Jumpstart Our Business Startups Act Guidelines - IRS Crackdown on Contract Workers Has Small Businesses Concerned - Accelerated Filers Found to be Filing More Restatements -...more

4/3/2013 - Audits Board of Directors CEOs Class Action Cyber Attacks Cybersecurity Divorce Family Businesses Filing Requirements IPO IRS JOBS Act SEC Small Business Tax-Exempt Bonds

Burr Alert: FINRA Amends Subpoena And Arbitrator Order Rules

In its recent Regulatory Notice 13-04, the Financial Industry Regulatory Authority ("FINRA") announced amendments to its Customer and Industry Codes of Arbitration Procedure related to subpoenas and arbitrator orders for the...more

3/27/2013 - Arbitration Discovery Document Productions FINRA Subpoenas

Burr Alert: FINRA Updates Guidance On Its Suitability Rule

In its Regulatory Notice 12-55, the Financial Industry Regulatory Authority ("FINRA") has updated its guidance on FINRA Rule 2111 concerning suitability. This is FINRA's fourth regulatory notice concerning the rule -- it...more

12/19/2012 - Broker-Dealer FINRA Investment Adviser Suitability Rule

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