A plaintiff would have to state in their initial complaint why fiduciary duty was breached, and then prove the violation with 'clear and convincing evidence.'
ProShares and VanEck offerings are among those withdrawn at the agency's request.
But long-term, the agency may get around questions of constitutionality by changing the way it brings on administrative law judges.
Bradley Mascho already charged by SEC with abetting fraud.
It's one in a growing list of instances where plan advisers are being named co-defendants alongside their clients.
An article from the Wall Street Journal reveals that B-D reps are incentivized to recommend costlier investments to clients over cheaper ones.
Will clients become more interested in paying commissions? Will the new tax law steer more financial advisers toward independent channels? It could.
Comment letters from the Committee for the Fiduciary Standard and the CFA Institute suggest the clarification is needed to differentiate brokers from investment advisers.
The decision could affect more than 100 cases currently at the SEC, along with a dozen that are on appeal.
Learn about the basics of the pass-through provision as introduced by the Tax Cuts and Jobs Act last 2017, the entities eligible and the tax implications
Claims that the regulation will harm the 'average Joe' investor by increasing costs, reducing access to advice and derailing retirement plans are bogus.
Measures would obligate financial advisers to tell clients they do not have to act in their best interests.
Advisers want support for retirement plan rollover recommendations.
Opponents and advocates of the regulation have been waiting for months for the Fifth Circuit Court of Appeals in New Orleans to issue its opinion.
Broker David Lloyd Barber and Madison Avenue Securities to pay all fees, costs.
In 2018 exam priorities, regulator says not to sell clients high-fee products and then move them into advisory accounts.
The judge said the adviser erred in recommending a lump-sum distribution, but barred plaintiffs from recovery because they were also negligent.
Any positive effects are unlikely to last, and will contribute to greater budget deficits over the next 10 years.
It looks like the SEC will not require financial advisers to avoid or mitigate material conflicts, merely disclose them.
Bruce Meyers also fined $75,000 for supervision failures and barred from serving as a principal or supervisor.
