Speaker, Panel “The Global Cyber-Pandemic; Cybersecurity and the Financial Services Industry: Trends, Implications and the Future,” at the Data Protection World Forum, December 1, 2021
https://www.dataprotectionworldforum.com
Read MoreTop 5 Litigator
https://www.eb5investors.com/ Thank you for EB5 Investors Magazine for again recognizing me as a top 5 litigator in the U.S. for 2021. I appreciate the honor.
Read MoreFINLAW: FINRA amends its Sanction Guidelines to protect against elder financial exploitation
In assessing the range of a sanction that FINRA will impose on registered representatives and member firms in FINRA disciplinary actions, the key resource relied upon by enforcement attorneys and disciplinary hearing panelists is the Sanction Guidelines. Here litigators and adjudicators find the range of sanction for particular violations, and then consider aggravating and mitigating…
Read MoreFINLAW: What is next for the DOJ in the crypto space after BitMEX?
Following the announcement by the United States Attorney, Southern District of New York on October 1, 2020 that it indicted the principals of the alleged off-shore cryptocurrency derivatives exchange BitMEX, there are many clear take-aways. To address just two, violations of the Bank Secrecy Act implicate criminal violations that can wreck both a company and…
Read MoreFINLAW: The SEC proposes a finder exemption to broker-dealer registration
Last week, the SEC proposed a finder’s exemption to foster capital raising for small businesses. The proposal, which is not yet final, provides a safe harbor for finders to assist issuers in raising capital from accredited investors. The proposal creates two tiers of finders (Tier I and II), and the requirements a finder must meet…
Read MoreSelected Top 5 Litigation Attorney by EB5 Investor Magazine, April 8, 2020
Selected Top 5 Litigation Attorney by EB5 Investor Magazine, April 8, 2020, two years in a row. https://www.eb5investors.com/magazine/article/top-25-attorneys-2019-top-litigation-attorneys
Read MoreFINLAW: What should you do when you receive a Rule 8210 request from FINRA?
It frequently happens as follows: a registered representative or associated person of a broker-dealer (RR) receives a Rule 8210 letter from FINRA requiring that she respond to questions or worse, appear before FINRA to provide testimony under oath (OTR). Any hope that your departure from a broker-dealer that marked up Form U5 with unsavory details…
Read MoreFINLAW: Peirce’s proposed safe harbor for three years of crypto (almost) regulatory immunity unlikely to become reality; Telegram Court proceeding presents opportunity for clarification of law
SEC Commissioner and Crypto Mom Hester Peirce completed her adoption of the crypto industry four days ago. Peirce single handedly proposed a safe harbor for crypto/digital asset offerings excusing all regulatory violations except fraud. The safe harbor proposal provides regulatory immunity except for fraud to crypto offerings for a period of three years to enable…
Read MoreFINLAW: Unregistered persons who raise capital continue to be a top SEC enforcement priority
In what has become a typical announcement, the Securities and Exchange Commission (SEC) announced yesterday that it has filed three more actions against persons who acted as unregistered broker-dealers in violation of Section 15(a)(1) of the Securities Exchange Act of 1934. While reviewing these cases, I observed the SEC announced yet another case this morning.…
Read MoreFINLAW: Asking your customer to move their brokerage account MAY violate Regulation Best Interest (“Regulation BI”)
FINRA member Firms are required by June 30, 2020, to comply with Regulation BI. Regulation BI is a rulemaking package that one regulator described as a “once-every-several decades” rule.[1] Regulation BI mandates four essential obligations which will transform the way retail broker-dealers (“BDs”) do business in the United States. These include the Disclosure obligation, Care…
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