Brett Ackerman

Brett Ackerman

Latham & Watkins LLP

Contact  |  View Bio  |  RSS

Latest Publications


SEC Approves FINRA’s Capital Acquisition Broker Rules

While the new rules may provide a measure of relief to certain entities that engage in a limited subset of broker-dealer activities, significant compliance requirements continue to apply. On August 18, 2016, the U.S....more

8/29/2016 - Capital Acquisition Broker (CAB) FINRA Popular SEC

SEC Charges Adviser for Failing to Monitor Consultants

The action underscores the need for investment advisers and broker-dealers to maintain robust policies and controls when utilizing third-party contractors. On May 27, 2016, the Securities and Exchange Commission (SEC)...more

7/6/2016 - Broker-Dealer Consultants Enforcement Actions Insider Trading Investment Adviser Material Nonpublic Information SEC Third-Party

SEC Fines Private Equity Adviser for Failing to Register as a Broker-Dealer

The action may have significant implications for PE advisers performing brokerage services; highlights SEC’s focus on advisers receiving transaction-based compensation. On June 1, 2016, the Securities and Exchange...more

6/29/2016 - Broker-Dealer Investment Advisers Act of 1940 Management Fees Neither Admit Nor Deny Settlements Offsets Portfolio Companies Private Equity Private Funds Registration Requirement SEC Securities Exchange Act Transaction-Based Compensation

SEC Announces Customer Protection Rule Initiative

Broker-dealers with historical or ongoing instances of non-compliance with the SEC’s Customer Protection Rule are encouraged to self-report by November 1, 2016. On June 23, 2016, the Securities and Exchange...more

6/29/2016 - Broker-Dealer Compliance Cooperation Customer Protection Rule FINRA Individual Accountability OCIE SEC Section 15(c) Securities Exchange Act Self-Reporting

CFTC Brings Significant Enforcement Action Against Online Cryptocurrency Exchange

The action reflects the CFTC’s expanded jurisdiction and provides further clarity on what constitutes “actual delivery” in cryptocurrency trading. On June 2, 2016, the US Commodity Futures Trading Commission (CFTC)...more

6/21/2016 - CFTC Civil Monetary Penalty Commodities Commodities Exchange Act Cryptocurrency Dodd-Frank Enforcement Actions FCMs Hong Kong Registration Requirement

SEC Publishes Consolidated Audit Trail Plan

The plan would create a single database to enable regulators to track all trading activity in the US equity and options markets. On April 27, 2016, the Securities and Exchange Commission (SEC) published for public...more

5/9/2016 - Broker-Dealer Consolidated Audit Trail FINRA SEC

Dodd-Frank Almost 6 Years Later: Where Are We Now? Energy-Related Derivatives Regulation

In the almost six years since the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), the US Commodity Futures Trading Commission (CFTC) has, in large part, finalized its rulemakings...more

3/2/2016 - Aggregation Rules CFTC Derivatives Dodd-Frank Energy Sector Margin Requirements Position Limits Recordkeeping Requirements Reporting Requirements Swaps Trade Options Uncleared Swaps

CFTC Extends Trade Option Reporting Deadline to April 1, 2016

The CFTC provides the market additional time to submit Form TO while considering further amendments to trade option reporting rules. On February 18, 2016, the US Commodity Futures Trading Commission's (the CFTC) Division...more

2/23/2016 - CFTC Deadlines Market Participants No-Action Letters Reporting Requirements Trade Options

CFTC Uncleared Swap Margin Rules to Take Effect in September

While the US gears up for compliance with uncleared swap margin rules, cross-border application of the CFTC rules remains unclear. The US Commodity Futures Trading Commission (the CFTC) finalized its margin requirements...more

2/22/2016 - CFTC Cross-Border Derivatives EMIR EU Margin Requirements Market Participants Prudential Regulation Authority SEC Swaps Uncleared Swaps

SEC Proposes Rules on the Use of Derivatives by Funds

The proposal would place restrictions on certain investment funds to limit their use of derivatives and require certain risk management procedures. On December 11, 2015, the US Securities and Exchange Commission (SEC)...more

2/4/2016 - Derivatives Disclosure Requirements Investment Funds Proposed Regulation Reporting Requirements Risk Management SEC

SEC Approves New Municipal Advisor Fiduciary Duty Rule

The new MSRB rule represents another significant milestone in the MSRB’s development of the comprehensive regulatory framework for municipal advisors mandated under the Dodd-Frank Act. On December 23, 2015, the...more

1/22/2016 - Fiduciary Duty MSRB Municipal Advisers SEC

SEC Proposes Enhanced Transparency and Oversight of Certain Alternative Trading Systems

The proposal would subject ATSs that effect transactions in listed stocks to significant new disclosure and transparency requirements. On November 18, 2015, the US Securities and Exchange Commission (SEC) proposed rules...more

12/1/2015 - Alternative Trading Systems Dark Pool Disclosure Requirements SEC Transparency

Dodd-Frank 5 Years Later: Where Are We Now? Derivatives Regulation for Asset Managers

Assessing the practical implications of derivatives regulations for investment advisers and investment funds of: position limits and aggregation rules, uncleared swaps margin rules, etc. Since the enactment of the...more

12/1/2015 - Asset Management CFTC Derivatives Dodd-Frank EU Japan Margin Requirements Popular SEC Uncleared Swaps

Prudential Regulators Are First to Finalize Uncleared Swap Margin Rules

While the rules provide some clarity, the global market still awaits the finalization of the CFTC and the European margin rules. With the clock ticking on the countdown to finalization of uncleared swap margin rules...more

11/20/2015 - Dodd-Frank Margin Requirements Prudential Regulation Authority Uncleared Swaps

SEC Approves FINRA Rule 2210 Amendment Requiring BrokerCheck Links

The amendments require FINRA members to update their retail websites to include readily apparent references and hyperlinks to BrokerCheck. On October 8, 2015, the Securities and Exchange Commission (SEC) approved a...more

10/13/2015 - Amended Regulation BrokerCheck Brokers FINRA Rule 2210 SEC

Cryptocurrencies Are Commodities: CFTC’s First Bitcoin Enforcement Action

In the absence of specific CFTC regulations regarding Bitcoin, the order helps clarify the CFTC’s positions on cryptocurrency derivatives. On September 17, 2015, the US Commodity Futures Trading Commission (CFTC) issued...more

9/21/2015 - Bitcoin CFTC Commodities Commodities Exchange Act Cryptocurrency DCMs Enforcement Actions SEFs Swaps

FINRA’s New Research Rules

The new rules retain many of the current rules’ core requirements, but expand certain obligations and impose requirements on debt research activities for the first time. On August 26, 2015, the Financial Industry...more

8/28/2015 - Conflicts of Interest Debt Securities Disclosure Requirements Due Diligence Equity Securities Financial Analysts FINRA General Solicitation Information Reports NASD New Regulations SEC

CFTC Proposes Cross-Border Application of Margin Requirements for Uncleared Swaps

The CFTC has proposed rules that would define the reach of Dodd-Frank Act margin requirements in cross-border swap transactions. On June 29, 2015, the US Commodity Futures Trading Commission (CFTC) proposed regulations...more

8/13/2015 - CFTC Cross-Border Transactions Dodd-Frank Margin Requirements Proposed Regulation Prudential Regulation Authority Swaps

Updated: CFTC Clarifies Regulation of Forward Contracts with Embedded Volumetric Optionality

With recent release, the CFTC hopes to eliminate market uncertainty on forward contracts with embedded volumetric optionality. UPDATE (June 18, 2015): On May 12, 2015, the CFTC adopted the Proposal as proposed (as used...more

6/23/2015 - Amended Regulation CFTC Commodities Commodities Exchange Act Commodity Futures Contracts Counterparties Dodd-Frank Forward Contract Exclusion Forward Contracts Swaps

SEC Proposes Additional Cross-Border Rules for Security-Based Swaps

If finalized, the proposed rule would be the SEC’s second major step toward finalizing the cross-border rules for security-based swaps under the Dodd-Frank Act. On April 29, 2015, the US Securities and Exchange...more

5/28/2015 - CFTC Cross-Border Transactions Dodd-Frank Reporting Requirements SEC Security-Based Swaps Swaps

Regulation SBSR: The Compliance Guide to Reporting Security-based Swaps

SEC has published reporting obligations for SBS without a finalized compliance schedule. Reporting rules for cleared and platform-executed SBS and certain cross-border transactions have not yet been finalized. On...more

3/25/2015 - Final Rules SEC Security-Based Swaps Swaps

UPDATE: Swap Dealers Will Face Significant Challenges from Reproposed Margin Rules for Uncleared Swaps

Note: This version includes an additional section on the Terrorism Risk Insurance Program Reauthorization Act of 2015, which amends certain provisions of the Dodd-Frank Act to exempt certain counterparties from the initial...more

1/27/2015 - Basel Committee CFTC Commodities IOSCO Margin Calls Swap Dealers Swaps

CFTC Proposes to Clarify Regulation of Forward Contracts with Embedded Volumetric Optionality

With recent release, the CFTC hopes to eliminate market uncertainty on forward contracts with embedded volumetric optionality. The comment period recently closed for a proposed interpretation (the Proposal) to further...more

1/13/2015 - CFTC Forward Contracts Major Swap Participants Proposed Regulation Swaps

Swap Dealers Will Face Significant Challenges from Reproposed Margin Rules for Uncleared Swaps

Dealers and major industry participants may be subject to new margin requirements beginning as early as December 1, 2015. Regulators are expected to finalize rules regarding margin requirements for uncleared swaps...more

1/9/2015 - Basel Committee CFTC Covered Entities International Harmonization Major Swap Participants Margin Requirements New Regulations Prudential Regulation Authority Prudential Standards Securities Swap Dealers Swaps

35 Results
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.