News & Analysis as of

Investment Adviser Consumer Financial Products

Skadden, Arps, Slate, Meagher & Flom LLP

How and When SEC Recordkeeping Rules May Apply to AI-Generated Content

AI has revolutionized the way many businesses operate. Firms in the financial sector are eager to take advantage of rapidly developing technologies but do not want to risk running afoul of relevant Securities and Exchange...more

Mayer Brown

Interview with Jason Cave, Former Regulator Turned Industry Adviser

Mayer Brown on

Matt Bisanz interviews former financial regulator Jason Cave to discuss developments in resolution and recovery planning, as well as trends in third-party risk management....more

Ballard Spahr LLP

FDIC Proposes Revisions to Broker Deposits Rule

Ballard Spahr LLP on

The FDIC board on July 30 approved a notice of proposed rulemaking intended to strengthen the prudential protections of the agency’s safety and soundness rule for brokered deposits (12 CFR 337.6)....more

Allen Matkins

Governor Seeks $7.9 Million To Implement Venture Capital Company Reporting Law That He Branded As "Problematic"

Allen Matkins on

Article 14, Section 12 of the California Constitution requires the Governor to submit a budget to the Legislature by January 10 of each year.  The Constitution further required that the budget be accompanied by a budget bill,...more

A&O Shearman

DOL Proposes New Fiduciary Rule Aimed at Investment Advice to Individual Retirement Investors

A&O Shearman on

More than five years after the Fifth Circuit Court of Appeals decision to vacate the Department of Labor’s (DOL) 2016 fiduciary rule, the DOL has proposed a new rule that, once again, attempts to re-define when financial...more

Mayer Brown

MSR Fund Investments: 7 Aspects to Consider

Mayer Brown on

While residential mortgage lenders are facing tough headwinds driven by rising interest rates and low housing volume, the current market presents opportunities for savvy investors looking at mortgage servicing rights...more

Mayer Brown

MSR Fund Investments: 7 Aspects to Consider

Mayer Brown on

While residential mortgage lenders are facing tough headwinds driven by rising interest rates and low housing volume, the current market presents opportunities for savvy investors looking at mortgage servicing rights...more

Allen Matkins

DFPI Posts Annual B-D/IA Report To The Legislature

Allen Matkins on

The California Department of Financial Protection & Innovation recently posted its 2023 Annual Report to the Legislature regarding its broker-dealer and investment adviser programs.  The report's title is a bit of a misnomer...more

Allen Matkins

DFPI Warns Of Investment Adviser Identity Theft

Allen Matkins on

The internet facilitates crime in the same way it facilitates legitimate business - it lowers transaction costs.  With the internet, a fraudster can steal someone's identity and then use that purloined identity to reach...more

Katten Muchin Rosenman LLP

Sweeping SEC Proposals Raise Significant Concerns for SPAC Market

On March 30, the SEC released comprehensive proposals for rule changes that would materially expand the liability regime for SPAC transactions, including by limiting the availability of a commonly used safe harbor for...more

Allen Matkins

New Laws For A New Year

Allen Matkins on

California's Department of Financial Protection & Innovation has complied this summary of new laws that affect or may otherwise be of interest to persons licensed by the department.  In general, these laws will take effect on...more

Goodwin

CFPB Issues Reminder of New Threshold for Reporting HMDA Open-End Lines of Credit Data

Goodwin on

In This Issue. The Consumer Financial Protection Bureau (CFPB) reminded institutions of a new threshold for reporting Home Mortgage Disclosure Act data about open-end lines of credit; the Financial Crimes Enforcement Network...more

Allen Matkins

Governor Appoints New Commissioner - Go Bears!

Allen Matkins on

Yesterday, Governor Gavin Newsom has announced the appointment of Clothilde “Cloey” Hewlett to serve as California's next Commissioner of the Department of Financial Protection and Innovation.  Ms. Hewlett has been serving as...more

Allen Matkins

Commissioner Alvarez Leaves Office On Friday - What Happens Next?

Allen Matkins on

Recently,  Manuel P. Alvarez announced that June 18 will be his last day as Commissioner of the Department of Financial Protection & Innovation.  Until Governor Newsom appoints a successor, Chief Deputy Commissioner Chris...more

Goodwin

OCC Proposes Rules for CRA Benchmarks and Fair Access

Goodwin on

In the News. The Office of the Comptroller of the Currency (OCC) issued a long-awaited rule seeking comment on its proposed approach to determine the Community Reinvestment Act (CRA) evaluation measure benchmarks, retail...more

Kramer Levin Naftalis & Frankel LLP

OCIE Releases 2020 Examination Priorities

The Securities and Exchange Commission’s (SEC) Office of Compliance Inspections and Examinations (OCIE) published its 2020 Examination Priorities, an annual publication that enhances transparency and provides insights into...more

A&O Shearman

European Securities and Markets Authority Issues Call for Evidence on Product Intervention Measures

A&O Shearman on

The European Securities and Markets Authority has issued a call for evidence on the impact of its product intervention powers prohibiting the marketing, distribution and sale of binary options to retail clients and imposing...more

Carlton Fields

Financial Products: States Continue to Puzzle Together Standards and Required Disclosures for Professionals Selling or Providing...

Carlton Fields on

States continue to puzzle together the duty of care financial professionals owe, or disclosures financial professionals make, to consumers. Ideally, states would ensure that the pieces fit together. However, as reflected in...more

Jones Day

Regulation Best Interest: The Next Big Thing for Broker-Dealer Cross-Border Private Wealth

Jones Day on

In April 2018, the U.S. Securities and Exchange Commission ("SEC") released Regulation Best Interest, or Reg BI, a proposed rule that will require broker-dealers to operate in the best interest of their customers. Under Reg...more

Seyfarth Shaw LLP

DOL Fiduciary Rule Officially Dead

Seyfarth Shaw LLP on

For several years now we’ve been keeping you updated on the long and winding road of the Department of Labor’s (“DOL”) Fiduciary Rule....more

Skadden, Arps, Slate, Meagher & Flom LLP

Fifth Circuit Mandate Officially Ends DOL Fiduciary Rule

On June 21, 2018, the U.S. Court of Appeals for the Fifth Circuit issued its order, or mandate, putting into effect its earlier decision to vacate the Department of Labor’s (DOL) conflict of interest regulation (the fiduciary...more

Robinson+Cole ERISA Claim Defense Blog

Fifth Circuit Reaffirms Decision to Vacate Fiduciary Rule

The Department of Labor’s (“DOL”) conflict of interest rule, informally coined the “fiduciary rule,” sparked much debate when the regulations were proposed in 2015, and finalized in 2016, to expand the definition of fiduciary...more

Burr & Forman

Is There Anything Left of the Fiduciary Rule?

Burr & Forman on

The issue over the Fiduciary Rule, and whether it will be implemented, revised, vacated, forgotten, etc. has been ongoing. In March 2018, the Fifth Circuit Court of Appeals ruled in favor of several business groups who...more

Proskauer Rose LLP

Proskauer’s Second Annual Survey on Trends in Private Credit Markets

Proskauer Rose LLP on

We are delighted to share with you the results from our second annual Trends in Private Credit survey. This year’s survey was conducted via web from January 9th to February 9th 2018. In this report, we will share...more

A&O Shearman

UK Authority Considers Competition Issues Arising From the Provision of Investment Consultancy Services and Fiduciary Management...

A&O Shearman on

The U.K. Competition and Markets Authority has published the third in a series of working papers on specific aspects of its market investigation into the supply and acquisition of investment consultancy services and fiduciary...more

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