On January 28, 2025, FINRA published its Annual Regulatory Oversight Report (the Report). The Report highlights emerging risk areas and recent developments, common compliance deficiencies, and best practices for member firms....more
2/19/2025
/ Annual Reports ,
Artificial Intelligence ,
Cybersecurity ,
Financial Crimes ,
Financial Industry Regulatory Authority (FINRA) ,
FinTech ,
Regulation Best Interest ,
Regulatory Requirements ,
Risk Management ,
Third-Party Risk ,
Third-Party Service Provider
With the Presidential and Congressional transitions taking place this month, we expect increased investment and transactional activity in capital markets. This will likely include trading platforms, exchanges, clearinghouses,...more
2/6/2025
/ Asset Management ,
Broker-Dealer ,
Capital Markets ,
CFTC ,
Commodities ,
Derivatives ,
Due Diligence ,
Financial Services Industry ,
Futures ,
Investment Adviser ,
Investment Management ,
Trading Platforms
It has been nearly five years since the US Securities and Exchange Commission (‘SEC’ or ‘the Commission’) adopted Regulation Best Interest (Reg BI) to enhance the standard of conduct applicable to broker-dealers when they...more
The election of Donald Trump as president could have a significant impact on the crypto industry given his campaign promise of a procrypto administration. Trump will be able to appoint a new chair of the U.S. Securities and...more
The election of Donald J. Trump as President could have a significant impact on the crypto industry given his campaign promise of a pro-crypto administration. President Trump will be able to appoint a new chair of the...more
11/15/2024
/ Broker-Dealer ,
CFTC ,
Cryptoassets ,
Election Results ,
Enforcement Actions ,
Regulatory Agenda ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Trump Administration ,
Unregistered Securities
On October 21, 2024, the Securities and Exchange Commission Division of Examinations published its examination priorities for fiscal year 2025.1 In this alert, we offer ten observations for broker-dealers. Our observations...more
10/31/2024
/ Artificial Intelligence ,
Broker-Dealer ,
Compliance ,
Cryptoassets ,
ETFs ,
Exchange-Traded Products ,
Financial Industry Regulatory Authority (FINRA) ,
Form CRS ,
Information Reports ,
Investment Adviser ,
Regulation BI ,
Regulation S-P ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Third-Party Service Provider
Until recently, the Commodity Futures Trading Commission (CFTC) has limited the ability of US persons to participate in election markets. However, recent developments have allowed event contracts to be made available to US...more
Last month, the Securities and Exchange Commission (the SEC or the Commission) unanimously voted to adopt amendments to Regulation S-P (Reg S-P), which is the SEC’s regulation governing the treatment and safeguarding of...more
6/11/2024
/ Amended Regulation ,
Broker-Dealer ,
Compliance ,
Covered Entities ,
Customer Privacy ,
Data Privacy ,
Data Protection ,
Incident Response Plans ,
Investors ,
Personal Data ,
Registered Investment Advisors ,
Regulation S-P ,
Securities and Exchange Commission (SEC) ,
Sensitive Personal Information
At an industry event in early 2023, Commodity Futures Trading Commission (CFTC or the Commission) Chairman Rostin Behnam set out a comprehensive agenda to include nearly three dozen rulemaking proposals as well as “business...more
2/28/2024
/ Asset Class ,
CFTC ,
Commodities ,
Compliance ,
Conflicts of Interest ,
Congressional Review Act ,
Derivatives ,
Derivatives Clearing Organizations ,
Dodd-Frank ,
Enforcement Actions ,
Enforcement Priorities ,
Form PF ,
Futures Commission Merchants (FCMs) ,
Major Swap Participants ,
Regulatory Authority ,
Reporting Requirements ,
Risk Management ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Swaps
On February 6, 2024, by a vote of 3-2 along party lines, the Securities and Exchange Commission (the SEC or the Commission) adopted Rules 3a5-4 and 3a44-2 under the Securities Exchange Act of 1934 (the Exchange Act), which...more
2/27/2024
/ Dealers ,
Government Securities ,
Liquidity ,
Market Participants ,
New Rules ,
Registered Investment Companies (RICs) ,
Registration Requirement ,
Securities and Exchange Commission (SEC) ,
Securities Dealers ,
Securities Exchange Act ,
Securities Traders
On January 8, 2024, the Digital Assets and Blockchain Technology Subcommittee (the Subcommittee) of the Commodity Futures Trading Commission’s (CFTC or the Commission) Technology Advisory Committee (TAC) presented a 79-page...more
The 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”), significantly expanded the Commodity Futures Trading Commission’s (“CFTC” or “Commission”) anti-fraud and anti-manipulation statutory...more
2/7/2024
/ Anti-Fraud Provisions ,
Anti-Manipulation Rule ,
CFTC ,
Civil Monetary Penalty ,
Commodity Exchange Act (CEA) ,
Dodd-Frank ,
Enforcement Actions ,
Enforcement Priorities ,
Fraud ,
Futures ,
Intermediaries ,
Market Manipulation ,
Regulatory Authority ,
Stock Options ,
Swaps
On January 25, 2024, the Commodity Futures Trading Commission’s (CFTC) Staff issued a request for comment (RFC) on the current and potential uses and risks of artificial intelligence (AI) in the markets that the CFTC...more
On January 9, 2024, the Financial Industry Regulatory Authority published its 2024 FINRA Annual Regulatory Oversight Report. Previously titled Report on FINRA’s Examination and Risk Monitoring Program, the Report is released...more
1/18/2024
/ Artificial Intelligence ,
Best Execution ,
Broker-Dealer ,
Conflicts of Interest ,
Cryptoassets ,
Electronic Communications ,
Equity Securities ,
Financial Industry Regulatory Authority (FINRA) ,
Fixed Income Investments ,
Public Communications ,
Regulation Best Interest ,
Regulation BI ,
Regulation SHO ,
Regulatory Oversight ,
Retail Investors ,
Retail Sales ,
Securities and Exchange Commission (SEC)