Regulation And Legislation

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What sparked today's love of ESG?
NEWS ESG APR 19, 2021
What sparked today's love of ESG?

Even for the earliest proponents of sustainability, the sudden spike in ESG investing popularity is surprising, but satisfying.

By Jeff Benjamin
Bills to end mandatory arbitration introduced in House, Senate
NEWS REGULATION AND LEGISLATION APR 16, 2021
Bills to end mandatory arbitration introduced in House, Senate

The Securities Industry and Financial Markets Association opposes the bill, saying arbitration 'promotes fair, efficient, and economical dispute resolution for all parties.'

By Mark Schoeff Jr.
SEC partially settles fraud charges against co-founder of RIA
NEWS RIAS APR 16, 2021
SEC partially settles fraud charges against co-founder of RIA

Martin Silver of International Investment Group in Long Branch, N.J., will pay penalties to be determined.

By InvestmentNews
How the end of Libor might affect your clients
NEWS OPINION APR 16, 2021
How the end of Libor might affect your clients

Now is a good time to tell clients to double-check all their loan documents and credit card statements to see if they have any Libor-linked debt.

By Richard L. Sandor
Robinhood sues to overturn Massachusetts fiduciary rule
NEWS REGULATION AND LEGISLATION APR 15, 2021
Robinhood sues to overturn Massachusetts fiduciary rule

Meanwhile, Massachusetts amended its December complaint against the online brokerage seeking to revoke its registration in the state.

By Mark Schoeff Jr.
Republican opposition to Gensler not likely to slow the new SEC chairman
NEWS ESG APR 15, 2021
Republican opposition to Gensler not likely to slow the new SEC chairman

His slim Senate confirmation margin reflects GOP concerns about the aggressive approach Gensler has signaled on issues like expanding corporate disclosures related to environmental, social and governance factors.

By Mark Schoeff Jr.
Election-reform debate poses risks for companies that weigh in on legislation
NEWS 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
NEWS 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
NEWS 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
NEWS 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
NEWS 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
NEWS ESG 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
NEWS 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
NEWS 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
NEWS 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
NEWS 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
NEWS 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
NEWS 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
NEWS 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
NEWS 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.