Lloyd S. Harmetz

Lloyd S. Harmetz

Morrison & Foerster LLP

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Structured Thoughts: News for the financial services community, Volume 7, Issue 8

Brexit and Structured Products: A Framework for Considering Disclosures - The U.K.’s recent referendum to withdraw from the European Union has affected virtually all segments of the financial industry. The structured...more

8/13/2016 - Administrative Proceedings Broker-Dealer Disclosure Requirements Distributors DOL ERISA ETFs EU Fiduciary Duty Financial Markets FINRA Fraud Manufacturers Negligence Standard Referendums Required Communications SEC Structured Financial Products UK UK Brexit

Structured Thoughts: News for the financial services community, Volume 7, Issue 7

Financing Subsidiaries and SEC Registration - As readers of this publication know, in order to address the expected new U.S. regulatory capital requirements, a number of U.S. bank holding companies have been creating new...more

7/7/2016 - Bonds Complex Financial Products EU Federal Reserve Financial Services Industry Financing FINRA Global Systemically Important Financial Institutions (GSIFI) Investor Advisory Committee Investors ISDA SEC Securities Structured Financial Products Subsidiaries UK UK Brexit

Structured Thoughts: News for the financial services community, Volume 7, Issue 6

Structured Notes Offered on an Agency Basis - In our last issue, we discussed the potential impact of the Department of Labor’s new rules on sales of structured products. In that article, we discussed some of the...more

5/31/2016 - Comment Period Debt Deposit Accounts DOL FDIC FINRA Offerings Recordkeeping Requirements Regulation S-K Retirement Plan SEC Structured Financial Products Underwriting

Structured Thoughts: News for the financial services community, Special Issue: Implications of the DOL Fiduciary Rule for...

On April 6, 2016, the Department of Labor (“DOL”) issued its final conflict of interest regulations, which significantly expand who is considered a fiduciary when dealing with a retirement account. The new regulations,...more

5/5/2016 - 401k Best Interest Contract Exemptions Broker-Dealer DOL ERISA Fiduciary Duty Investment Adviser IRA Retirement Plan Structured Financial Products

Structured Thoughts: News for the financial services community, Volume 7, Issue 4

Structured Product Sales at Bank Branches: Networking- Arrangement Rules - Many broker-dealers engaged in the structured products industry are affiliates of large U.S. banks, which have a significant customer footprint. ...more

4/1/2016 - Banks Broker-Dealer Financial Services Industry FINRA High-Yield Markets SEC Structured Financial Products

Structured Thoughts: News for the financial services community, Volume 7, Issue 3

Structured Product Sales at Bank Branches: Networking- Arrangement Rules - Many broker-dealers engaged in the structured products industry are affiliates of large U.S. banks, which have a significant customer footprint....more

3/3/2016 - Broker-Dealer Corporate Communications FINRA High-Yield Markets Investors Recruitment Policies SEC Structured Financial Products

Structured Thoughts: News for the financial services community, Volume 7, Issue 2

Is There a Standard Form of Rule 144A Representation Letter? - My file of Rule 144A representation letters has been growing fatter, and I‘m not sure why. I would have hoped that by now there would be just one great...more

2/12/2016 - Banking Sector Broker-Dealer Corporate Issuers Disclosure Requirements ERISA Federal Reserve FINRA Institutional Investors IRS Market Basket Regulation S-K Representations and Warranties Rule 144A Rule 15a-6 SEC Structured Finance Structured Financial Products TLAC

Structured Thoughts: News for the financial services community, Volume 7, Issue 1

T+2 Settlement and Structured Notes - Introduction - In December 2015, the “T+2 Industry Steering Committee” published its Implementation Playbook. The Playbook is intended to provide, among other things, a...more

1/18/2016 - Equity Markets FINRA OCIE Regulatory Agenda SEC Structured Finance Structured Financial Products

Structured Thoughts: News for the financial services community, Volume 6, Issue 8

Structured Notes and Issuer Quiet Periods Background - Most issuers establish a “quiet period” (also called a “blackout” period) prior to the release of potentially sensitive information and material non-public...more

11/23/2015 - Banking Sector Corporate Issuers Debt Financial Services Industry FINRA FSB Global Systemically Important Financial Institutions (GSIFI) Structured Financial Products

Structured Thoughts: News for the financial services community, Volume 6, Issue 7

Structured Products Offerings and Research Reports: Introduction - Structured products are sold by broker-dealers, many of which are affiliates of large investment banks. The equity research group of the same...more

11/6/2015 - Binary Options Broker-Dealer Disclosure Requirements Equity Research Rule ETNs FINRA Global Systemically Important Financial Institutions (GSIFI) License Agreements Offerings Sanctions SEC Structured Financial Products Websites

Structured Thoughts: News for the financial services community, Volume 6, Issue 4

In This Issue: - FINRA Requests Comments on Proposed Amendments to Rule 2210 and Issues Additional FAQs - FINRA’s Revised Sanction Guidelines - A Uniform Fiduciary Duty Standard and the Structured Products...more

6/24/2015 - Advertising CARDS Compliance Fiduciary Duty FINRA Rule 2210 Sanctions Structured Financial Products Websites

Structured Thoughts: News for the financial services community, Volume 6, Issue 3

In This Issue: - The National Senior Investor Initiative - SEC Commissioner Addresses Structured Notes - The SEC Defines “Voting Equity Securities” Under the Rule 506(d) Bad Actor Disqualification...more

5/4/2015 - Elder Abuse Elder Issues Financial Institutions FINRA OCIE Rule 506(d) SEC Structured Financial Products

Structured Thoughts - Volume 6 , Issue 2 - March 2015

In This Issue: - FCA Publishes Thematic Review on Structured Product Development and Governance - EU Commission Review of Prospectus Directive - SEC Issues Investor Bulletin Relating to Structured Notes -...more

3/16/2015 - Canada EU European Commission False Claims Act (FCA) Financial Conduct Authority (FCA) FINRA Prospectus SEC Structured Financial Products Toronto Stock Exchange

Structured Thoughts - Volume 6 , Issue 1 - January 26 , 2015

In This Issue: - FINRA Releases 2015 Regulatory and Exam Priorities Letter: Structured Products Remain an Area of Focus - OCIE Exam Priorities: 2015 - In Re: TVIX Securities Litigation - Second...more

1/27/2015 - Basel III Credit Suisse European Securities and Markets Authority (ESMA) Examination Priorities Exchange-Traded Products FINRA FSB G-SIB MiFID OCC OCIE Securities Securities Litigation Structured Financial Products

Structured Thoughts: News for the financial services community, Volume 5, Issue 9

In This Issue: - What to Expect in 2015 - EU Regulatory Agenda: Into 2015 - FINRA Issues Report Relating to its Communication Rules - Structured Product Offerings and RIAs - The SEC, Investment Funds and...more

12/24/2014 - Banking Sector Banks Derivatives EU Financial Institutions Financial Regulatory Reform FINRA Investment Adviser Investment Funds SEC Structured Financial Products

Structured Thoughts: Volume 5, Issue 8 - December 2014

In This Issue: - Key Regulators Speak at Structured Products Conference - FINRA Shows Its CARDS; It Will Use Big Data to Review Suitability of Complex Products Sales - FINRA’s Proposed Bond Mark-up...more

12/2/2014 - Advertising Big Data Broker-Dealer CARDS Disclosure Requirements Exchange-Traded Products FINRA Regulatory Agenda Regulatory Standards SEC Structured Financial Products

Structured Thoughts: Volume 5, Issue 7 - November 11, 2014

In This Issue: - Index Changes and Successor Indices: Avoiding Delisting From The NYSE Arca - EU PRIIPS Regulation Expected to Come Into Force - UK Review of the Fixed Income, Currency and Commodities...more

11/12/2014 - ETNs EU Financial Regulatory Reform FINRA NYSE SEC Structured Financial Products UK

Structured Thoughts: Volume 5, Issue 6 - August 2014

In This Issue: - European Product Intervention - FINRA Speaks at 2014 Structured Retail Products Conference - FINRA Approves Amendments to Communication Rules – Relief from Filing for Certain...more

8/13/2014 - Class Action EU European Securities and Markets Authority (ESMA) FINRA Investment Funds MiFID Retailers Structured Financial Products

Structured Thoughts: News for the financial services community, Volume 5, Issue 1 -- January 7, 2014

In This Issue: “Structured Products, Meet the Volcker Rule”: The New Limitations on Proprietary Trading; SEC and FINRA Personnel Speak at Structured Products Conference; FINRA’s Annual Regulatory and Examination...more

1/8/2014 - Banks Enforcement FINRA IOSCO Proprietary Trading SEC Structured Financial Products Volcker Rule

Structured Thoughts -- Volume 4, Issue 13 -- October 15, 2013

In This Issue: FINRA’s Report on Conflicts of Interest: Issues for the Structured Products Market and Structured Notes, Their Hedges, and Dodd-Frank Excerpt from FINRA’s Report on Conflicts of Interest: Issues...more

10/17/2013 - Conflicts of Interest Dodd-Frank FINRA Structured Financial Products

Structured Thoughts -- Volume 4, Issue 10 -- July 9, 2013

In This Issue: - Chasing Return, Reprise - IOSCO: Uniform Regulation and More Transparency for ETFs - FINRA Removes Proposal to Require Supervision of Non-Securities Business - In Case You Missed It -...more

7/10/2013 - FINRA Foreign Investment Interest Rates Investors IOSCO Structured Financial Products

Structured Thoughts -- Volume 4, Issue 9 -- June 17, 2013

In This Issue: UK’s FCA Restricts Marketing of Unregulated Collective Investment Schemes and Similar Products to Retail Investors; Electronic Structured Note Systems and U.S. Securities Regulation; and Reminders from...more

6/18/2013 - Brokers False Claims Act (FCA) Financial Conduct Authority (FCA) Financial Services Authority FINRA Investors SEC Structured Financial Products Term Sheets UCITS

Structured Thoughts -- Volume 4, Issue 8 -- May 15, 2013

In This Issue: Due Diligence Procedures for Structured Note Distributors; Key Issues for Yankee CDs; The SEC and FINRA: Protect Your Elders; The FSOC’s 2013 Annual Report: Increasing Exchange-Traded Product Activity;...more

5/16/2013 - Broker-Dealer Due Diligence Elder Issues FINRA FSOC SEC Structured Financial Products

Structured Thoughts -- Volume 4, Issue 6 -- April 26, 2013

In This Issue: FINRA Issues Guidance on Backtested Performance Data; FINRA’s Ketchum Discusses Structured Products; and Update Regarding TRACE and Rule 144A Securities. Excerpt from FINRA Issues Guidance on...more

4/30/2013 - Exchange-Traded Products FINRA Structured Financial Products

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