NEIL G. WOLF and ROBERT P. BRAMNIK
The debate over pre‐dispute arbitration agreements for employment cases continues, despite the recent ruling from the Supreme Court. This article looks at this issue with a…
Abstract
The debate over pre‐dispute arbitration agreements for employment cases continues, despite the recent ruling from the Supreme Court. This article looks at this issue with a particular view towards the securities industry. It discusses several factors that employers should weigh when deciding how to proceed.
Cheryl Bryson, Robert Bramnik and Rachel Lutner
Few new laws in recent years have inspired as much attention as the Sarbanes‐Oxley Act of 2002 (Act). The procedural and substantive requirements of the Act have, and will…
Abstract
Few new laws in recent years have inspired as much attention as the Sarbanes‐Oxley Act of 2002 (Act). The procedural and substantive requirements of the Act have, and will continue to have, far reaching impact on and implications for all issuers of securities and their officers, directors, and other controlling persons. However, for employers who are participants in the financial services industry (such as broker‐dealers, investment advisors, fund advisors and managers, and others), the Act raises an unintended and untoward consequence, which appears to have passed under the radar screens of most commentators.
Details
Keywords
Robert P. Bramnik and Mauro M. Wolfe
– To draw attention to the US Securities and Exchange Commission's (SEC) disciplinary focus on the investment adviser community
Abstract
Purpose
To draw attention to the US Securities and Exchange Commission's (SEC) disciplinary focus on the investment adviser community
Design/methodology/approach
Describes six recent enforcement cases for disclosure, custody, supervisory, procedural, and other rule violations and compliance failures; explains changes in registered investment adviser (RIA) exemptions following enactment of the Dodd-Frank Act; discusses recent SEC announcements concerning inspections and examinations of RIAs.
Findings
The SEC's recent announcements and enforcement actions signal that all advisers (both registered investment advisers and exempt reporting advisers) may want to pay particular attention to their compliance programs and supervisory procedures.
Originality/value
Practical advice from experienced financial services lawyers.
Details
Keywords
ROBERT P. BRAMNIK and NEIL B. SOLOMON
The use of electronic media in the financial services industry is discussed in light of the regulatory framework in which the industry exists. The authors explore this issue in…
Abstract
The use of electronic media in the financial services industry is discussed in light of the regulatory framework in which the industry exists. The authors explore this issue in regards to both the securities and futures regulatory structure.