Benjamin J. Catalano

Benjamin J. Catalano

Proskauer Rose LLP

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Latest Publications


2015 Proskauer Annual Review and Outlook for Hedge, Private Equity and Other Private Funds

Proskauer has released the 2015 Proskauer Annual Review and Outlook for Hedge, Private Equity and Other Private Funds. The 88-page report is a summary of significant legal changes and developments in the private funds space...more

11/25/2015 - China Cybersecurity EU Gift Tax Hedge Funds Hong Kong Internships Popular Private Equity Private Funds Registered Investment Advisors SEC UK Volcker Rule Whistleblowers

CFTC Brings Enforcement Action for Swap Reporting Violations

The Commodity Futures Trading Commission (CFTC) recently brought its first enforcement action arising from the Dodd-Frank requirement that swap transactions be reported to a registered swap data repository (SDR). The CFTC has...more

10/22/2015 - CFTC Dodd-Frank Enforcement Actions Market Participants Recordkeeping Requirements Reporting Requirements Supervision Swap Data Repositories Swaps

Broker-Dealer Beat - August 2015

SEC Adopts Registration Rules for Security-Based Swap Entities - On August 5, 2015, the SEC adopted rules and forms governing the registration process for security-based swap dealers and major security-based swap...more

8/13/2015 - Broker-Dealer CFTC Chief Compliance Officers Compliance Federal Register Policies and Procedures Registration Requirement SEC Security-Based Swaps

Broker-Dealer Beat - June 2015: Foreign Finders

Foreign Finders - The longstanding rules on foreign finders – when a brokerage firm can pay transaction-based compensation to a non-registered foreign finder – will be incorporated into new FINRA Rule 2040, effective...more

6/25/2015 - Adequate Assurances Broker-Dealer Disclosure Disclosure Requirements Finders FINRA Foreign Investment Investors NASD New Regulations Registration Rule 15a-6 Transaction-Based Compensation

Broker-Dealer Beat - May 2015

FINRA has published updated and revised Sanction Guidelines that, among other things, highlight the SRO's position that penalties in disciplinary actions should be significant enough to achieve deterrence and not serve merely...more

5/30/2015 - FINRA Investor Protection Investors Penalties Sanctions

Broker-Dealer Beat - January 2015

New FINRA Rule 3110(e) streamlines and clarifies members' obligations relating to background investigations of registered persons and adds a requirement to adopt written procedures to verify the accuracy and completeness of...more

1/8/2015 - Broker-Dealer FINRA New Regulations Public Records Registration

Broker-Dealer Beat - December 2014 #2

The SEC recently sanctioned another foreign bank for conducting cross-border brokerage activities without being registered. Since 2009, the SEC has sanctioned a number of foreign firms for failing either to register as a...more

12/31/2014 - Broker-Dealer Cross-Border Transactions Foreign Banks Registration Sanctions SEC Securities Securities Exchange Act

Broker-Dealer Beat - December 2014

New FOCUS Reporting Requirement Commences January 2015 - A new FOCUS reporting requirement designed to enhance FINRA's ongoing monitoring of members' financial condition will take effect for the new year. Beginning...more

12/2/2014 - Broker-Dealer FINRA Market Participants Regulation SCI Reporting Requirements SEC

Broker-Dealer Beat - October 2014: Supervising Registered Employees of Foreign Affiliates

Supervising Registered Employees of Foreign Affiliates - NASD Rules 1021(a) and 1031(a) permit a FINRA member to register or maintain the registration as principal or representative of an individual who is engaged in...more

10/27/2014 - Affiliates Banks Broker-Dealer FINRA Foreign Affiliates Investment Banks NASD Registration

Broker-Dealer Beat - September 2014

The SEC recently settled an enforcement action against brokerage firm Monness, Crespi, Hardt & Co. ("MCH") for deficient insider trading procedures. This case is an important reminder of some key elements of effective insider...more

9/18/2014 - Broker-Dealer Brokers Enforcement Enforcement Actions Insider Trading SEC

Treatment of Foreign Banks under Section 716 of the Dodd-Frank Act and Related Push-Out Provisions

Last month, the Federal Reserve Board issued an Interim Final Rule that treats uninsured U.S. branches and agencies of foreign banks the same as insured depository institutions ("IDIs") for purposes of Section 716 of the...more

7/11/2013 - Banks CFTC Compliance Dodd-Frank Federal Reserve Foreign Banks Insured Depository Institutions SEC Section 716 Wall Street

SEC Rule 15a-6 Enforcement

Last week the Securities and Exchange Commission ("SEC") charged four India-based financial services firms for providing brokerage services to U.S. institutional investors without operating under a 15a-6 chaperoning agreement...more

12/5/2012 - Issuer Exemption Rule 15a-6 SEC

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