Regulation And Legislation

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Election-reform debate poses risks for companies that weigh in on legislation
OPINION APR 14, 2021
Election-reform debate poses risks for companies that weigh in on legislation

Democracy is a systemic issue that's difficult to link to a particular company. But firms take hits by jumping into fights over specific bills.

By Mark Schoeff Jr.
Gensler confirmed as SEC head
REGULATION AND LEGISLATION APR 14, 2021
Gensler confirmed as SEC head

Wall Street's new sheriff will confront a range of market threats, from the fallout from the GameStop trading frenzy to the deluge of SPACs and the collapse of Archegos.

By Bloomberg
Bernie Madoff, mastermind of giant Ponzi scheme, dies at 82
REGULATION AND LEGISLATION APR 14, 2021
Bernie Madoff, mastermind of giant Ponzi scheme, dies at 82

The Manhattan investment adviser defrauded his A-list clients of more than $19 billion.

By Bloomberg
Bitcoin ETF line gets longer; eight issuers file with SEC
ALTERNATIVES APR 14, 2021
Bitcoin ETF line gets longer; eight issuers file with SEC

ETF issuers are betting en masse that U.S. regulators will green-light a fund tracking the largest cryptocurrency.

By Bloomberg
DOL releases guidance on Trump-era fiduciary rule
RETIREMENT PLANNING APR 13, 2021
DOL releases guidance on Trump-era fiduciary rule

In a set of frequently asked questions, the agency said a recommendation to rollover retirement funds from a company plan to an individual retirement account can be part of an ongoing client-adviser relationship and trigger a fiduciary standard of care.

By Mark Schoeff Jr.
SEC will not assess merit of ESG investments: Peirce
REGULATION AND LEGISLATION APR 13, 2021
SEC will not assess merit of ESG investments: Peirce

The agency’s role is not to determine whether any particular strategy is a good one, but to ensure investors know what they are getting, according to Securities and Exchange Commission member Hester Peirce.

By Mark Schoeff Jr.
SEC warns advisers about shortcomings in ESG compliance
RETIREMENT PLANNING APR 12, 2021
SEC warns advisers about shortcomings in ESG compliance

The risk alert is the latest step the SEC has taken to emphasize ESG oversight. In recent weeks, it has formed an enforcement task force and released a request for public comment on ESG and climate-risk disclosures.

By Mark Schoeff Jr.
Columbia, IBM settle 401(k) lawsuits
RETIREMENT PLANNING APR 09, 2021
Columbia, IBM settle 401(k) lawsuits

Plaintiffs alleged that IBM failed in its fiduciary duty to participants by not protecting them from stock losses that resulted from an unprofitable chip manufacturing unit.

By Emile Hallez
SEC to Wall Street: SPACs aren’t a way around securities laws
REGULATION AND LEGISLATION APR 08, 2021
SEC to Wall Street: SPACs aren’t a way around securities laws

Claims that promoters face less legal liability than a traditional public offering are “uncertain at best,” a top SEC official said in a statement.

By Bloomberg
Goldman secrecy on harassment claims faces challenge
REGULATION AND LEGISLATION APR 08, 2021
Goldman secrecy on harassment claims faces challenge

Goldman faces a vote at its annual meeting later this month on whether it should publish a report on how its mandatory-arbitration policy impacts employees and workplace culture.

By Bloomberg
Archegos implosion could lead to family-office regulation
ALTERNATIVES APR 08, 2021
Archegos implosion could lead to family-office regulation

Assessing the murky family-office world presents challenges, such as sorting out the different types. The SEC had targeted family office oversight for review this year even before the Archegos blowup.

By Mark Schoeff Jr.
UBS loses $371,000 claim linked to options strategy
ALTERNATIVES APR 08, 2021
UBS loses $371,000 claim linked to options strategy

UBS has been hit with a rash of arbitration claims over strategies investors say damaged them, and most recently it saw a wave of investor complaints over Puerto Rico bonds and bond funds.

By Bruce Kelly
States picking up annuity best-interest standard
RETIREMENT PLANNING APR 07, 2021
States picking up annuity best-interest standard

Recently, Nebraska, Idaho and North Dakota passed rules matching NAIC’s standard, joining other states on the roster: Arkansas, Arizona, Delaware, Iowa, Michigan and Rhode Island.

By Emile Hallez
Wall Street sidesteps Georgia election reform debate
REGULATION AND LEGISLATION APR 07, 2021
Wall Street sidesteps Georgia election reform debate

Coca-Cola and Delta Airlines — both headquartered in Atlanta — have come out against the bill, as have many other corporations. That has drawn backlash from Republican lawmakers, including U.S. Senate Minority Leader Mitch McConnell.

By Mark Schoeff Jr.
Ex-GPB executive gets 9-month sentence
ALTERNATIVES APR 07, 2021
Ex-GPB executive gets 9-month sentence

Former chief compliance officer Michael Cohn was also fined $50,000. A former Securities and Exchange Commission examiner, he was charged in October 2019 with obstruction of justice relating to an SEC investigation of GPB.

By Bruce Kelly
Grayscale ‘committed’ to making biggest crypto fund an ETF
ETFS APR 06, 2021
Grayscale ‘committed’ to making biggest crypto fund an ETF

The company says it will convert its $39 billion Grayscale Bitcoin Trust into an exchange-traded fund as soon as U.S. regulators allow.

By Bloomberg
Fidelity dismissed from lawsuit over 401(k) participant data
RETIREMENT PLANNING APR 02, 2021
Fidelity dismissed from lawsuit over 401(k) participant data

Personal information used to cross-sell other services is not a plan asset, a court found. Two new 401(k) lawsuits were also filed against Icon Clinical Research and Wesco Distribution.

By Emile Hallez
Archegos shows need to monitor family offices: Regulator
REGULATION AND LEGISLATION APR 02, 2021
Archegos shows need to monitor family offices: Regulator

Dan Berkovitz, a Democratic commissioner on the Commodity Futures Trading Commission, blasted his own agency for taking too light a touch with the investment funds.

By Bloomberg
Regulatory ambiguity helps keep the industry in compliance
OPINION APR 02, 2021
Regulatory ambiguity helps keep the industry in compliance

The SEC and other regulators want to keep firms and advisers on their toes — and toeing the line.

By Mark Schoeff Jr.
Biden tax hikes dominate adviser-client discussions
REGULATION AND LEGISLATION APR 01, 2021
Biden tax hikes dominate adviser-client discussions

There's a sense of urgency to make moves to take advantage of today's low tax rates because they may be going up soon. A $2.3 trillion package contains a proposal to increase the corporate tax rate from 21% to 28%.

By Mark Schoeff Jr.