News & Analysis as of

Financial Adviser

Lerch, Early & Brewer

Your Divorce Discharge Plan

Lerch, Early & Brewer on

Just as when you exit a medical program you receive a discharge plan with instructions, when you exit your divorce, it’s helpful to have a guide. As you step into your post-divorce life, consider the things you need to...more

Morgan Lewis

Inducements and Distribution of Funds: Management Companies Must Demonstrate Distributors ‘Improve Client Service Quality’

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In its decision dated September 15, 2025, France’s AMF Sanctions Commission established that it is incumbent upon a management company to demonstrate that its distributors actually improve the quality of services provided to...more

Lathrop GPM

[Webinar] Planning for Retirement Accounts that Outgrow Retirement - August 19th, 9:00 am PT

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Lathrop GPM attorneys Allie Itami and Sara Hire will walk through key legal and tax considerations that arise when retirement accounts grow beyond personal retirement needs. From alternative investments to estate tax...more

McGuireWoods LLP

Does Disclosing Legal Advice to Financial Advisors Waive Privilege? Part II

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Last week’s Privilege Point described S.D.N.Y. Judge Lewis Liman’s conclusion that a company waived privilege protection for legal advice it received from its counsel by disclosing the advice to its financial advisor China...more

Gerald Nowotny - Law Office of Gerald R....

Las Mañanitas

Recently (January 15th) I celebrated my sixty fifth birthday. Where did the time go? If my East German father Willy Wolfgang Nowotny were still with us, I could hear him say, “Too soon old, too late smart.” While I was never...more

IR Global

FINTECH - Valuation & Financial Advisory Services for Success

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The fintech industry has experienced explosive growth in recent years. From 2021 to 2024, global fintech revenues surged at a 27.5% compound annual growth rate, expanding from $50.1 billion to $103.8 billion. In 2024 alone,...more

IR Global

Defence Tech - Valuation & Financial Advisory Services For Success

IR Global on

The defense technology sector (“defense tech”) has experienced remarkable growth in recent years, with projections indicating continued expansion in the near future. This surge is largely driven by increased global defense...more

Robins Kaplan LLP

Navigating AI and Fiduciary Duties: 10 Key Questions for Your Organization

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Integrating artificial intelligence (AI) into legal practice presents valuable opportunities as the industry continues to evolve. AI has the potential to revolutionize workflows, enhance decision-making, and improve client...more

Rumberger | Kirk

FINRA Reminds Financial Firms How AI Use Poses Significant Risks

Rumberger | Kirk on

These days, artificial intelligence is everywhere we look, and the financial services industry is no different. As AI use increases, regulatory bodies are updating their rules and guidelines detailing how companies should and...more

Robins Kaplan LLP

The Robins Kaplan Spotlight, Vol. 9 No. 4 - December 2024

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The Spotlight strives to provide a forum to discuss the latest news and compelling issues impacting fiduciaries and those to whom fiduciaries owe duties. Whether you are an officer, director, trustee, beneficiary, trust...more

Allen Barron, Inc.

How to Prepare for an IRS Audit

Allen Barron, Inc. on

We are often asked how to prepare for an IRS audit. The first and most important thing to know is that speaking directly with the IRS is not in your best interest. IRS Revenue Officers (auditors) are skilled interrogators....more

Orrick, Herrington & Sutcliffe LLP

Should You Engage a Financial Advisor?

Financial advisors can add significant value in the M&A sale process, depending on your objectives and in-house capabilities. Justin Yi and Mark Seneca discuss the benefits of bringing in a banker, and when it may not be...more

Katten Muchin Rosenman LLP

CME's Financial and Regulatory Surveillance Department Issues Long-Awaited Guidance

FRS's Annual Examination of CME Clearing Members and CME Rule 930.K - The back-office operations, finance and compliance teams of the futures commission merchant (FCM) clearing members of the CME Clearing House mark their...more

Kohrman Jackson & Krantz LLP

Court Ruling in Ohio Highlights Evolving Non-Compete and Non-Solicit Landscape

As the Federal Trade Commission’s Non-Compete Rule is appealed through the federal courts, a ruling from a court in Cleveland, Ohio, exemplifies how certain courts have recently approached non-compete and non-solicitation...more

Proskauer - Regulatory & Compliance

FCA publishes Dear CEO letter setting out expectations for financial advisers and investment intermediaries

On 7 October 2024, the FCA issued a “Dear CEO letter” (“Letter”) to firms whose primary business is financial advice or investment intermediation. The Letter contains a summary of the FCA’s priorities and expectations of...more

Wilson Sonsini Goodrich & Rosati

FinCEN Finalizes Rule Requiring AML/CFT Programs for Registered Investment Advisers and Exempt Reporting Advisers

On September 4, 2024, the U.S Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) published a final rule that expands the definition of “financial institution” to include Registered Investment Advisers...more

Fleurinord Law PLLC

The Wendy Williams Guardianship Saga and Why a Pre-Need Declaration is Essential

Fleurinord Law PLLC on

Wendy Williams, the famous talk show host, has long been a media fixture, but in recent years, her name has been associated with a highly publicized guardianship battle. This case underscores the importance of estate planning...more

IR Global

Boost Client Acquisitions: A Guide for Business Advisors

IR Global on

As a business advisor, understanding the succession process for business owners can significantly benefit your ability to attract and build a business owner practice successfully. Long-term thinking can be complex for some...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Advisors should play nicely with other providers

What makes a good retirement plan financial advisor? Well, it takes attention to detail, an understanding of what the role to entails, and dedication to the client. In addition, what I find is the way a good financial advisor...more

Proskauer - Employee Benefits & Executive...

Eleventh Circuit Reiterates that Burden of Proving Loss Causation Stays with Plaintiffs

The Eleventh Circuit Court of Appeals recently affirmed a district court’s grant of summary judgment in favor of the fiduciaries of the Home Depot 401(k) plan, who defended against claims that they breached their fiduciary...more

Proskauer - Corporate Defense and Disputes

Missouri Court Enjoins Missouri’s Anti-ESG Rules for Financial Advisers

A federal district court in Missouri recently enjoined Missouri Securities Division rules that require financial firms and professionals to obtain clients’ signatures on state-prescribed documents before providing advice that...more

Quarles & Brady LLP

Prevailing Against FINRA Investor Complaints

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In 2007, the United States Securities and Exchange Commission approved the creation of the Financial Industry Regulatory Authority (FINRA), and the FINRA arbitration forum officially came into being. ...more

Goodwin

A New Sustainable Investment Framework for the EU? ESMA’s Latest Opinion

Goodwin on

Those who have had to navigate and consider the EU Sustainable Finance Disclosure Regulation (SFDR) have faced its challenges and noted its deficiencies. Specifically, these have included data gaps, the SFDR’s use as a...more

Morrison & Foerster LLP

Tips for Reducing Lender Liability Risk When Dealing with Distressed Commercial Real Estate Loans (Part 2)

A number of factors have combined to cause an almost “perfect storm” for commercial real estate distress. The COVID-19 pandemic led to a rise in remote and hybrid work, increasing vacancy rates and decreasing property values....more

Sullivan & Worcester

Interpreting English Law Contracts: avoiding the bear traps

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The importance of clear drafting cannot be overstated. Ambiguity of language can lead to disputes, costly litigation and unintended outcomes. The recent Court of Appeal judgment in Cantor Fitzgerald & Co v Yes Bank Ltd [2024]...more

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