Regulation And Legislation

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House panel approves ESG, diversity bills without GOP support
PRACTICE MANAGEMENT APR 21, 2021
House panel approves ESG, diversity bills without GOP support

Rep. Patrick McHenry, R-N.C., accuses Democrats of trying to 'cater to the far left.' Democrats say ESG, diversity data is crucial.

By Mark Schoeff Jr.
In Advisor Group lawsuit, the right hand is suing the left
INDEPENDENT BROKER DEALERS APR 21, 2021
In Advisor Group lawsuit, the right hand is suing the left

The independent broker-dealer, backed by Reverence Capital Partners, is suing an annuity company owned, in part, by the same private equity firm.

By Bruce Kelly
Investor advocate urges Gensler to beef up Reg BI
RIA NEWS APR 20, 2021
Investor advocate urges Gensler to beef up Reg BI

Republican lawmakers in the House tell the new SEC chairman to avoid ‘mission creep’ in the agency's oversight of environmental, social and governance disclosures.

By Mark Schoeff Jr.
Finra bars former Goldman analyst for insider trading
REGULATION AND LEGISLATION APR 20, 2021
Finra bars former Goldman analyst for insider trading

The analyst twice purchased securities after he learned a fellow analyst was upgrading his recommendation in impending research reports and then lied to Finra staff about his trading.

By InvestmentNews
Climate-risk disclosure bill faces tough legislative path
REGULATION AND LEGISLATION APR 19, 2021
Climate-risk disclosure bill faces tough legislative path

The measure, written by Democratic lawmakers, will have a hard time finding Republican votes. But it does send a signal of support to the SEC for tougher ESG oversight.

By Mark Schoeff Jr.
What sparked today's love of ESG?
RIA NEWS 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
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
RIA NEWS 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
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
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
REGULATION AND LEGISLATION 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
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