Daniel A. Nathan

Daniel A. Nathan

Morrison & Foerster LLP


Latest Publications

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Broker-Dealer Email Systems Must Keep Pace with Firm Growth, FINRA Says

A recent FINRA disciplinary action sends a strong message to broker-dealers that the development of their compliance systems — particularly with respect to email review and retention — must keep pace with the growth of their...more

5/29/2013 - Broker-Dealer Discovery Email FINRA Recordkeeping Requirements Sanctions Supervision

FINRA Focuses on Anti-Money Laundering Procedures and Red Flags

Last week, the Financial Industry Regulatory Authority (FINRA) publicized penalties against three companies – as well as four associated individuals – that it found had failed to establish and implement adequate procedures...more

5/17/2013 - Anti-Money Laundering Bank Secrecy Act FINRA Red Flags Rule

FINRA Identifies Concerns with Marketing of Real Estate Investment Products

FINRA recently signaled a continuing focus on the marketing of real estate-related products by issuing a Regulatory Notice expressing concerns about communications involving unlisted, or non-traded, real estate investment...more

5/13/2013 - Disclosure Requirements FINRA Marketing Real Estate Investments

SEC and CFTC Issue Identity Theft Rules

Today, April 19, 2013, the Securities and Exchange Commission (“SEC”) and the Commodity Futures Trading Commission (“CFTC”) published in the Federal Register rules and guidelines requiring their respective regulated financial...more

4/22/2013 - CFTC Cybersecurity Data Protection Dodd-Frank FCRA Identity Theft SEC

Enforcement Heads Reveal All at SIFMA Annual Seminar

The federal budget sequester and recent Supreme Court decision in Gabelli et al. v. Securities and Exchange Commission, 568 U.S. ____ (2013), will not substantially slow down regulators’ enforcement efforts, according to...more

3/25/2013 - CFTC FINRA Gabelli v SEC Insider Trading SEC Sequestration SIFMA Structured Financial Products

FINRA Proposes Keeping the 5% Rule on Markups; Also Plans to Revise QIB Standards on Debt Securities

Habits can be tough to break. In 2011, FINRA attempted to break the broker-dealer industry’s habit of relying upon a 5% ceiling for equity markups by proposing a new FINRA Rule 2121 that would eliminate the so-called “5%...more

3/7/2013 - Broker Commissions Broker-Dealer Equity Securities FINRA

FINRA Rule 4530 – Recent Revisions Remind Broker-Dealers of the Importance of the New Requirement to Report Internal Findings of...

FINRA recently amended Rule 4530 (Reporting Requirements) to make required reporting by member firms of certain regulatory and disciplinary events less burdensome. Those relatively minor changes will be discussed below. But...more

2/27/2013 - Audits Discipline Enforcement FINRA Reporting Requirements SEC Violative Conduct

Will the CFPB Take on the Regulation of Retirement Savings Plans?

According to a recent Bloomberg report, the Consumer Financial Protection Bureau is considering whether it should take a role in helping Americans manage their retirement savings. CFPB Director Richard Cordray told a...more

2/26/2013 - CFPB Dodd-Frank DOL FINRA Retirement Richard Cordray Savings Plans SEC

FINRA Provides Early Guidance About Its Exam Priorities; Firms Should Take Notice

In its annual summary of regulatory and examination priorities, the Financial Industry Regulatory Authority (FINRA) signaled that it will aggressively pursue market misconduct. The January 11, 2013 report follows closely on...more

1/16/2013 - Broker-Dealer Compliance Cybersecurity FINRA Investment Adviser Investors

Financial Services Report -- Winter 2012

In This Issue: Bureau Report; Operations Report; Beltway Report; Arbitration Report; Mortgage Report; Privacy Report; Preemption Report; and Plastics Report. Excerpt from the Bureau Report: World’s Most...more

12/18/2012 - American Express CFPB Chase Bank Cybersecurity Debt Collection Dodd-Frank FDIC FTC Google Mobile Apps MySpace Project Catalyst Stress Tests TILA

Shoot First and Ask Questions Later: Financial Regulators’ Use of Their Emergency Enforcement Powers

Originally published in the November/December 2012 issue of the Financial Fraud Law Report. In the era of “real-time enforcement,” financial regulators repeatedly preach the importance of bringing an alleged malfeasor...more

11/19/2012

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