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All-Remote Win for the Defense on a Motion to Dismiss
We hope that you all are doing well and are adjusting to your new work environment, whether it be working exclusively from home or a hybrid arrangement with some time spent in the office. Just a few months ago, no one would have thought that virtual Court appearances, depositions and mediations would become the norm. […] More
Enforcement of Massachusetts Fiduciary Rule Just Kicked In
On September 1, 2020, Massachusetts’ new fiduciary conduct standard went into effect. In March 2020, Massachusetts became the first state in the country to fully adopt this heightened standard for broker-dealers. The regulations are the result of consumer-oriented Massachusetts Secretary of State Bill Galvin’s opinion that the SEC’s Regulation Best Interest (Reg BI) is insufficient […] More
SEC Expands Definition of “Accredited Investor”
On August 26, 2020, the Securities and Exchange Commission adopted amendments to its definition of “accredited investor”, one of the primary prerequisites to participating in private capital markets. Historically, “accredited investors” were defined solely by an investor’s income and/or net worth, without regard to the investor’s acumen or sophistication. Thus, even sophisticated and experienced investors […] More
FINRA Amends Its Suitability, Capital Acquisition Broker Suitability and Non-Cash Compensation Rules to Comply with Sec’s Regulation Best Interest
On June 19, 2020, FINRA issued Regulatory Notice 20-18, noting changes to FINRA’s suitability rule, Capital Acquisition Broker (“CAB”) suitability rule and rules governing non-cash compensation consistent with the requirements of the SEC’s Regulation Best Interest (“Reg BI”). The changes were approved by the SEC and became effective on June 30, 2020, the compliance date […] More
FINRA Issues New Regulatory Notice Regarding Private Placement Communications with the Public
FINRA has issued Regulatory Notice 20-21 which provides guidance to its member firms to help them comply with FINRA Rule 2201 pertaining to retail communications concerning private placement offerings. FINRA Rule 2201 requires that all member firm communications be fair, balanced and not misleading. Communications must disclose risks and be accurate in order to provide […] More
The “Zoom” Boom: FINRA Maintains Its Authority to Compel Virtual Hearings Over Member Objections
If we have learned anything in 2020, it is that the only thing constant in life is change. The world has changed in just about every way and day-to-day life continues to evolve in light of those changes. One major development is the increased use – or perhaps reliance – on remote communication. Zoom, now […] More
