News & Analysis as of

Investment Products Regulatory Oversight

Cadwalader, Wickersham & Taft LLP

Acting Comptroller Hsu Brings Crypto-Skepticism to Blockchain Summit

This week, Acting Comptroller of the Currency Michael Hsu gave remarks to the DC Blockchain Summit titled “Crypto: A Call to Reset and Recalibrate.” By speaking at the Blockchain Summit, Mr. Hsu may have gone into the...more

Jones Day

Pre-Enforcement Challenges—A Vital Tool for Regulated Parties in the United States

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The digital asset industry has now met the regulatory state. Those interested in building digital asset businesses that operate in the United States thus need to be aware of a vital tool for resisting regulatory overreach by...more

Cadwalader, Wickersham & Taft LLP

SEC Adopts Regulation Best Interest

The Securities and Exchange Commission (the “SEC”) on June 5 adopted Regulation Best Interest: The Broker-Dealer Standard of Conduct (“Reg BI”), which requires that broker-dealers act in the “best interest” of their “retail...more

Mayer Brown Free Writings + Perspectives

SEC Adopts Final Regulation Best Interest

At yesterday's open meeting, the Securities and Exchange Commission adopted a final Regulation Best Interest, as well as additional guidance. Final action relating to the broker-dealer standard of conduct had been...more

Mayer Brown Free Writings + Perspectives

SEC to vote on Regulation Best Interest; DOL to issue a Notice of Proposed Rulemaking for its Fiduciary Rule

The Securities and Exchange Commission posted an Open Meeting Agenda for June 5, 2019, when the Commission will vote on whether to adopt Regulation Best Interest, the related Form CRS Relationship Summary and a standard of...more

Hogan Lovells

Financial Services Regulatory Tracker - Q4 2018

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Many of our financial services sector clients have indicated their need to keep track of updates on new laws and regulations amid a rapidly changing regulatory landscape in Hong Kong. ...more

Stinson - Corporate & Securities Law Blog

SEC Tells How to Fix the Faulty Initial Coin Offering

The SEC simultaneously announced a pair of settled enforcement actions related to illegally offered ICOs with extensive remedial provisions to fix the faulty offerings....more

Kramer Levin Naftalis & Frankel LLP

Virtual Currencies Are Commodities: Federal Court

The U.S. District Court for the District of Massachusetts recently sided with the Commodity Futures Trading Commission (CFTC) and decided that virtual currencies are commodities. This ruling confirms the regulator’s...more

Hogan Lovells

A look at the regulators that could and should regulate cryptocurrencies in the United States

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Bitcoin and other digital assets were conceived as radical, decentralized currencies that would operate independently, outside of traditional banking systems and unencumbered by regulations....more

Burr & Forman

Massachusetts District Court Finds Virtual Currencies Are Commodities

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In Commodity Futures Trading Commission v. My Big Coin Pay, Inc., — F. Supp. 3d —, 2018 WL 4621727 (D. Mass. Sept. 26, 2018), the Massachusetts District Court determined that the Commodity Futures Trading Commission (“CFTC”)...more

Orrick, Herrington & Sutcliffe LLP

UK and EU Move Slowly Toward Virtual Currency Regulatory Scheme in Recent Statements

In the last month, UK and European politicians have been vocal about the regulation, or lack thereof, in the virtual currency sphere. ...more

Kramer Levin Naftalis & Frankel LLP

France Set to Enact the First Regulatory Framework for Crypto-asset Intermediaries

After allowing registration and transfer of unlisted securities through distributed ledgers in 2017 and drafting legislation for initial coin offerings (ICOs) earlier this year, France is contemplating the introduction of a...more

Ballard Spahr LLP

Virtual Currencies May Be Commodities, Federal Judge Rules

Ballard Spahr LLP on

The ongoing debate on whether virtual currencies with certain characteristics should be classified as commodities subject to regulation and enforcement by the Commodities Futures Trading Commission (CFTC) is the focal point...more

Carlton Fields

SEC Regulation Best Interest: Charting a Course for Securities and Annuity Sales

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In June, we circulated our fifth article on the continuing saga regarding the standard of conduct for sales of securities and annuities — and the efforts of federal and state regulators to impose new conditions on the...more

Kramer Levin Naftalis & Frankel LLP

New Disclosure Rules Enhance Crypto Investor Protection

Amid concerns that many investors may not fully understand the risks associated with virtual currencies, or the limits of regulatory oversight, the National Futures Association (NFA) recently issued an interpretive notice...more

Kramer Levin Naftalis & Frankel LLP

SEC Proposes to Simplify Debt Offering Disclosures

In July, the Securities and Exchange Commission (SEC) proposed amendments to streamline financial disclosure requirements for two categories of market participants...more

Ballard Spahr LLP

DOJ Announces New Task Force on Market Integrity and Consumer Fraud

Ballard Spahr LLP on

The U.S. Department of Justice (DOJ) earlier this week announced that it was disbanding the Financial Fraud Enforcement Task Force, established under the Obama Administration. ...more

Dechert LLP

SEC Proposes Best Interest Standard for Broker-Dealers, Related Investment Adviser Guidance and New Customer Relationship Summary...

Dechert LLP on

The U.S. Securities and Exchange Commission on April 18, 2018 published a package of proposed rules and interpretations intended to improve the retail investor experience and to provide greater clarity regarding customers’...more

Ballard Spahr LLP

Investment Management Update

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Regulation BI, Form CRS, Adviser or Advisor, and Fiduciary Duties of Adviser - In a flurry of proposed rulemaking that added up to more than 900 pages of reading material, the Securities and Exchange Commission (SEC)...more

Carlton Fields

FINRA Moves Toward SEC Anti-Churning Proposal

Carlton Fields on

On April 18, the SEC voted to propose major rule changes to reconcile and clarify the standards of conduct that apply to broker-dealers and investment advisers. ...more

Carlton Fields

FINRA Proposes to Ease Regulation of Outside Business Activities

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FINRA has proposed a major paradigm shift for regulating outside business activities (OBAs) and private securities transactions (PSTs) of broker-dealer personnel. ...more

Carlton Fields

New York Pushes Mutual Fund Active Share Disclosure

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New York’s Attorney General issued a report on its recent investigation of fees charged by actively managed equity mutual funds and a metric known as "Active Share." Denoted as a "percentage" from 0 to 100 percent, Active...more

Hogan Lovells

Italy – Insurance based investment products: Consob simplifies transparency requirements for life insurance undertakings

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On 28 June Consob (the Italian supervisory authority on financial markets) launched a public consultation regarding amendments to its Regulation adopted with Resolution No. 11971 of 14 May 1999 (“Consob Regulation on...more

Hogan Lovells

Changes in insurance regulation: China / Hong Kong / Singapore / Indonesia / Vietnam - January - March 2018

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Our Asia insurance regulatory tracker for the first quarter of 2018 is below. It includes updates on the introduction of an insurance levy in Hong Kong, a consultation on agency recruitment incentives in Singapore, and new...more

Kramer Levin Naftalis & Frankel LLP

SEC Proposes Enhanced Investment Adviser and Broker-Dealer Standards of Conduct

On April 18, the Securities and Exchange Commission (SEC) proposed a trio of rules and interpretations designed to enhance the quality and transparency of investors’ relationships with investment advisers (IAs) and...more

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