Over the past couple of years, the crypto industry has come under heavy scrutiny from skeptical regulators seeking to root out fraud and protect investors amid the initial coin offering boom that generated over $4 billion in...more
10/31/2018
/ Bitcoin ,
Blockchain ,
CFTC ,
Coinbase ,
Cryptocurrency ,
Custody Rule ,
Department of Financial Services ,
Digital Assets ,
Digital Currency ,
ETFs ,
Exchange-Traded Products ,
Financial Institutions ,
Initial Coin Offering (ICOs) ,
Innovation ,
Investment Companies ,
Investors ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
State Regulators ,
Virtual Currency
One of the most eye-catching items in the recently released 2017 Annual Report of the Enforcement Division of the Securities and Exchange Commission (SEC or the Commission) is the significant decline in enforcement activity...more
11/30/2017
/ Budget Cuts ,
Corporate Counsel ,
Cyber Threats ,
Cybersecurity ,
Dodd-Frank ,
Enforcement Actions ,
Financial Institutions ,
Insider Trading ,
Investor Protection ,
Ponzi Scheme ,
Popular ,
Publicly-Traded Companies ,
Pump and Dump ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Security Breach ,
Shareholders ,
Trump Administration
On April 10, 2017, Neil Gorsuch was sworn in as the Supreme Court’s 113th justice. While his experience on the Tenth Circuit Court of Appeals with cases involving financial regulation may be limited, certain of his decisions...more
4/27/2017
/ Chevron Deference ,
Chevron v NRDC ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Financial Regulatory Reform ,
Neil Gorsuch ,
Regulatory Oversight ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Statutory Interpretation ,
Unregistered Securities
Earlier this month, FINRA announced changes to its Sanction Guidelines through Notice to Members 17-13. FINRA’s Sanction Guidelines are used by FINRA disciplinary hearing panels to decide what, if any, sanctions to impose in...more
In late December, New York State’s Department of Financial Services (“DFS”) released its revised proposed cybersecurity regulation (the “DFS Rule”). While the revisions pare back some of the DFS Rule’s original requirements...more
2/1/2017
/ Banks ,
Covered Entities ,
Cybersecurity ,
Department of Financial Services ,
Employee Training ,
Encryption ,
Federal Bank Regulatory Agencies ,
Final Rules ,
Financial Institutions ,
GLBA Privacy ,
Gramm-Leach-Blilely Act ,
Insurance Industry ,
NIST ,
Popular ,
Risk Assessment ,
Third-Party Service Provider
If the New York State Department of Financial Services (“DFS”) has its way, come January 1, 2017, financial services companies that require a form of authorization to operate under the banking, insurance, or financial...more
9/23/2016
/ Banks ,
Breach Notification Rule ,
Chief Information Security Officer (CISO) ,
Covered Entities ,
Cybersecurity ,
Department of Financial Services ,
Financial Institutions ,
Financial Services Industry ,
Information Security ,
Notice and Comment ,
Proposed Regulation