Blog

Speaker, ALI CLE Regulation D Offerings and Private Placements 2024, March 14-15, 2024, Scottsdale, AZ

Speaker on Panels: 1. Offerings to Unaccredited Investors; 2. State Securities Law and NASAA Regulatory Priorities, Enforcement Initiatives and Experience in the States; 3. Defining "Security": Cryptocurrency, Initial Coin Offerings, Non-Fungible Tokens, DeFi, Collectibles; and 4. FINRA, Broker-Dealers and Investment Advisors: Regulatory Requirements. Exempt Offering Review, Regulatory and Enforcement Actions, Unregistered Finders and Regulation Best…

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FINLAW: FINRA Settles Its First Regulation Best Interest Case

In the AWC entitled Charles V. Malico, Respondent, Matter No. 2021069405501 resolved at the end of last year, FINRA settled its first case involving a violation of Regulation Best Interest (Reg BI). The matter resembled a traditional suitability matter where Mr. Malico, without admitting or denying, accepted and consented to findings that he willfully violated…

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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

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Top 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.   

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FINLAW: 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…

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FINLAW: 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…

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FINLAW: 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…

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Selected 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

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FINLAW: 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…

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FINLAW: 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…

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