Edward Eisert

Edward Eisert

Orrick, Herrington & Sutcliffe LLP

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New York Department of Financial Services Promulgates First-in-the-Nation State Cybersecurity Regulation

On February 16, 2017, the New York Department of Financial Institutions (“DFS“) promulgated a regulation that requires “Covered Entities” to establish and maintain a cybersecurity program designed to protect consumers and the...more

2/22/2017 - Covered Entities Cybersecurity Financial Institutions Financial Services Industry NYDFS Popular Third-Party Service Provider

Office of Compliance Inspections and Examinations Issues Risk Alert on the Five Most Frequent Compliance Topics Identified in...

On February 7, 2017, the Office of Compliance Inspections and Examinations of the Securities and Exchange Commission (OCIE) published a Risk Alert listing of the five compliance topics most frequently identified in deficiency...more

2/17/2017 - Investment Adviser Investment Advisers Act of 1940 OCIE SEC

New York Department of Financial Services Issues Updated Proposed Cybersecurity Regulation

On December 28, 2016, the New York State Department of Financial Services (“DFS“) announced that it has updated its proposed first-in-the-nation cybersecurity regulation. The proposed regulation, which will be effective March...more

1/11/2017 - Banks Cybersecurity Financial Institutions Financial Services Industry Insurance Industry NYDFS Popular

Federal Reserve Board Provides New Details on Volcker Rule’s Illiquid Funds Requirements

On December 12, 2016, the Federal Reserve Board announced additional details regarding how banking entities may seek an extension to conform their investments in a narrow class of funds that qualify as “illiquid funds” to the...more

12/22/2016 - Banking Sector Banks Dodd-Frank FRB Volcker Rule

SEC Issues No-Action Letter Regarding Relief from Registration under Advisers Act for Adviser to Affiliated Foundation

On December 8, 2016, the Chief Counsel’s Office of the Division of Investment Management of the Securities and Exchange Commission (“Commission“) provided “no-action letter” assurance to CenturyLink Investment Management...more

12/22/2016 - ERISA Investment Adviser Investment Advisers Act of 1940 No-Action Letters SEC

OCC Issues Responsible Innovation Framework

On October 26, the Office of the Comptroller of the Currency (“OCC“) announced that it will establish an office “dedicated to responsible innovation and implement a formal framework to improve the agency’s ability to...more

11/2/2016 - Banking Sector Banks Financial Institutions OCC

SEC Office of Compliance Inspections and Examinations Issues Risk Alert on Whistleblower Rule Compliance

On October 24, Staff in the Office of Compliance Inspections and Examinations (the “Staff”) issued a National Exam Program Risk Alert announcing that it is examining registered investment advisers and registered...more

11/1/2016 - Broker-Dealer Confidentiality Agreements Dodd-Frank Enforcement Actions Investment Adviser Rule 21F SEC Whistleblowers

CFPB Structure Ruled Unconstitutional

On October 11, 2016, the U.S. Court of Appeals for the District of Columbia Circuit ruled in PHH Corporation v. Consumer Financial Protection Bureau that the CFPB’s structure is unconstitutional. In reaching this...more

10/19/2016 - CFPB Constitutional Challenges DOJ PHH Corp. v CFPB

FINRA and SEC Announce Tick Size Pilot Program

On October 3, 2016, the Financial Industry Regulatory Authority (“FINRA”) and the Securities and Exchange Commission (“SEC”)’s Office of Investor Education and Advocacy issued an Investor Alert announcing a new National...more

10/14/2016 - FINRA Investors SEC

SEC Adopts Amendments to Form ADV

On August 25, 2016, the Securities and Exchange Commission (SEC) adopted amendments to Form ADV that are designed to provide additional information regarding advisers, including information about their separately managed...more

8/30/2016 - Form ADV Investment Adviser Investment Advisers Act of 1940 SEC Umbrella Registration

New Jersey Appellate Court Clarifies Definition of Compensation under Advisers Act

On August 12, 2016, the United States Court of Appeals for the Third Circuit affirmed the decision of the District Court of New Jersey and held in United States v. Everett C. Miller that the defendant was an “investment...more

8/19/2016 - Compensation Investment Adviser Investment Advisers Act of 1940 SEC

FinCEN Issues Customer Due Diligence Rule (CDD) FAQs

On July 19, 2016, the Financial Crimes Enforcement Network (“FinCEN”) issued FAQs regarding the customer due diligence requirements (“CDD”) that it published on May 11, 2016, for certain financial institutions, including...more

7/26/2016 - Beneficial Owner Customer Due Diligence (CDD) Financial Institutions FinCEN

Federal Reserve Announces Extension of Conformance Period Under Section 13 of the Bank Holding Company Act

On July 7, 2016, the Federal Reserve announced that it will extend until July 21, 2017 the conformance period for banking entities to divest ownership in certain legacy investment funds and terminate relationships with funds...more

7/14/2016 - Bank Holding Company Act Dodd-Frank FDIC Federal Reserve Private Equity Funds Volcker Rule

NY DFS Adopts Final Anti-Terrorism and Anti-Money Laundering Regulation

On June 30, 2016, the New York Department of Financial Services (“NY DFS”) adopted a final anti-terrorism and anti-money laundering regulation (the “Final Regulation”) that requires institutions subject to regulation by the...more

7/13/2016 - Anti-Money Laundering Anti-Terrorism Financing BSA/AML Department of Financial Services Financial Institutions

SEC Proposes Rule Requiring Investment Advisers to Adopt Business Continuity and Transition Plans

On June 28, 2016, the Securities and Exchange Commission proposed a new rule that would require registered investment advisers to adopt and implement written business continuity and transition plans. In announcing the...more

7/13/2016 - Business Continuity Plans Business Disruption Investment Adviser Public Comment SEC

Financial Stability Board Issues Asset Management-Related Policy Recommendations

On June 22, 2016, the Financial Stability Board (FSB) published for public consultation Proposed Policy Recommendations to Address Structural Vulnerabilities from Asset Management Activities. The document sets out 14 proposed...more

6/24/2016 - Asset Management FSB Investment Funds IOSCO Private Funds

SEC Issues Order Increasing the Net Worth Test Under Rule 205-3 Under the Investment Advisers Act of 1940 to $2.1 Million

Section 205(a)(1) of the Investment Advisers Act of 1940 (the “Advisers Act”) generally prohibits an investment adviser from entering into, extending, renewing, or performing any investment advisory contract that provides for...more

6/21/2016 - Advisory Contracts Dodd-Frank Investment Adviser Investment Advisers Act of 1940 SEC

Federal Reserve Updates Risk Management Supervisory Guidance for Smaller FBOs

On June 8, 2016, the Federal Reserve updated its Supervisory Guidance that partially supersedes SR letter 95-51, “Rating the Adequacy of Risk Management and Internal Controls at State Member Banks and Bank Holding Companies.”...more

6/17/2016 - Board of Directors FBOs Federal Reserve Foreign Banks Risk Management

Banking Agencies Permit “Reduced Content” Living Wills for Smaller FBOs

On June 10, 2016, the Federal Reserve Board and Federal Deposit Insurance Corporation announced they are permitting 84 foreign banking organizations (not identified) with limited U.S. operations to file “reduced content”...more

6/17/2016 - Depository Institutions FBOs FDIC Federal Reserve Foreign Banks

SEC Finds that Private Equity Fund Adviser Acted as Unregistered Broker

On June 1, 2016, the Securities and Exchange Commission (“SEC”) announced that a private equity fund advisory firm and its owner agreed to pay more than $3.1 million to settle charges that they engaged in brokerage activity,...more

6/15/2016 - Broker-Dealer Limited Partnership Agreements Private Equity Funds SEC

Treasury Announces Key Regulations and Legislation to Counter Money Laundering and Corruption, Combat Tax Evasion

On May 5, 2016, the U.S. Department of the Treasury announced several actions to strengthen financial transparency. Treasury announced a Customer Due Diligence (CDD) Final Rule, proposed Beneficial Ownership legislation and...more

5/13/2016 - Banks Beneficial Owner Broker-Dealer CDD Corruption Financial Institutions Limited Liability Company (LLC) Money Laundering Tax Evasion U.S. Treasury

SEC’s Division of Investment Management Issues Letter Regarding Independent Verification Required by Rule 206(4)-2 Under the...

On April 25, 2016, the Staff of the Division of Investment Management of the Securities and Exchange Commission issued a no-action letter that provides that it would not recommend enforcement action to the Commission under...more

5/3/2016 - Division of Investment Management Financial Markets Investment Adviser Investment Advisers Act of 1940 No-Action Letters PCAOB SEC Sub-advisers Verification Requirements

Derivatives in Review - April 2016

Novo Banco and CDS – A Post-Mortem - The 2014 ISDA Credit Derivatives Definitions updated the previous set of credit derivatives definitions to, among other things, include a credit event for “Governmental Intervention.”...more

4/22/2016 - CFTC Commodities Exchange Act Derivatives Dodd-Frank Electricity End-Users Financial Markets ISDA Margin Requirements Natural Gas Recordkeeping Requirements Reporting Requirements Swap Dealers Swaps Trading Platforms

OCC Releases its Risk Appetite Statement

On April 12, the Office of the Comptroller of the Currency (“OCC”) released its Risk Appetite Statement, which sets boundaries of acceptable levels of risk in key areas of agency operations. The OCC stated that: “By clearly...more

4/18/2016 - Banking Sector Financial Institutions Innovation OCC Risk Management

FinCEN Proposes Funding Portals Regulations under Bank Secrecy Act

On April 4, 2016, the Financial Crimes Enforcement Network, a bureau of the Department of the Treasury (“FinCEN”), proposed amendments to the definitions of ‘‘broker or dealer in securities’’ and ‘‘broker-dealer’’ under the...more

4/11/2016 - Bank Secrecy Act Broker-Dealer Crowdfunding FinCEN Funding Portal JOBS Act Securities Act of 1933

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