Aug. 8, 2022 – The Securities and Exchange Commission today proposed new rules to help improve governance arrangements across all registered clearing agencies by reducing the likelihood that conflicts of interest may influence the board of directors or equivalent governing body of a registered clearing agency. “I was pleased to […]
Compliance
SEC Announces 2022 Examination Priorities
March 30, 2022 – The SEC today announced its 2022 examination priorities, including several significant areas of focus and many perennial risk areas. “The Division’s 2022 examination priorities identify key risk areas that we expect registrants to address, manage, and mitigate with vigilance,” said SEC Chair Gary Gensler. “Investment advisers, […]
SEC Proposes New Rules for SPACs, Shell Companies, and Projections
The Securities and Exchange Commission today proposed new rules and amendments to enhance disclosure and investor protection in initial public offerings by special purpose acquisition companies (SPACs) and in business combination transactions involving shell companies, such as SPACs, and private operating companies. “Nearly 90 years ago, Congress addressed certain policy […]
Morgan Stanley Deferred Comp Claims
Morgan Stanley may have violated ERISA rules when it cancelled certain deferred compensation assets for brokers who left the firm. We are investigating claims for Morgan Stanley advisors who were denied their deferred compensaton payments when they left the firm. There is a proposed class action pending, but individual advisors […]
SEC’s 41st Annual Small Business Forum to Impact Capital Raising Policy
The Office of the Advocate for Small Business Capital Formation will host the Securities and Exchange Commission’s 41st Annual Government-Business Forum on Small Business Capital Formation over four virtual sessions April 4-7 from 1:00-2-30pm ET. Each… Read the Full Press Release Have a securities law question? Call New York Securities […]
Cybersecurity Risk Management Rules and Amendments Proposed for Registered Investment Advisers and Funds
The SEC has proposed cybersecurity risk management rules for registered investment advisers, and registered investment companies and business development companies (funds), as well as amendments to certain rules that govern investment adviser and fund disclosures. “Cyber risk relates to each part of the SEC’s three-part mission, and in particular to […]
FINRA 2022 Exam Priorities
It is always good to know what regulators are going to focus on, and to prepare for that exam. Today FINRA released its 2022 Report on Examination and Risk Monitoring Program (the Report). While not a road map it provides firms with information that may help inform their compliance programs. […]
Private Fund Reporting Requirements to be Amended
The SEC is proposing to amend Form PF for certain SEC-registered advisors to private funds. The amendments will affect the disclosure of the fees and other compensation that are paid to a registered representative of an adviser of a private fund. In this Notice, we refer to the “proposed amendments” […]
Consultant to Biotech Company Settles Insider Trading Claim
You cannot trade on material, non-public information you obtained as a result of your employment or as an outside consultant. Period, end discussion. By Mark Astarita While the SEC‘s complaints are simply allegations, which need to be proven in court, the fact that an employee is charged with insider trading […]
Nikola Corporation to Pay $125 Million to Resolve Fraud Charges
The SEC has announced that Nikola Corporation, a publicly traded company created through a special purpose acquisition company transaction, has agreed to pay $125 million to settle charges that it defrauded investors by misleading them about its products, technical advancements, and commercial prospects. The settlement follows the SEC’s litigated action […]