News

Bates Research, Compliance and Regulatory Alerts  |  06-29-21

SEC Appoints New Jersey Attorney General Gurbir S. Grewal as Director of Enforcement

The Securities and Exchange Commission today announced that Gurbir S. Grewal has been appointed Director of the Division of Enforcement, effective July 26, 2021.

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Bates News  |  06-24-21

Bates in the News: Managing Director Linda Shirkey Quoted in Two Articles

Bates Compliance Managing Director Linda Shirkey is quoted in a June 15, 2021 article on ThinkAdvisor, "Excited About SEC's New Ad Rule? Not So Fast." She is also quoted in a Risk.net article on family office regulation in light of the Archegos collapse.

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Bates Research  |  06-17-21

SEC Chair Gary Gensler’s Rulemaking Priorities Emerge

On June 11, 2021, the White House Office of Information and Regulatory Affairs released a Unified Agenda of Regulatory and Deregulatory Actions containing the latest official list of the SEC’s regulatory rulemakings. The list includes proposed items the agency will undertake in the near future, which reflect the emergent priorities of the independent agency’s Chair Gary Gensler, who was sworn in on April 14, 2021. In this article, Bates takes a look at a few of the proposed items positioned for regulatory action this year.

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Bates News  |  06-17-21

Bates Expert Ronald Filler Honored by New York Law School with Launch of the Filler Institute for Financial Services Law

On May 21, 2021,  New York Law School announced the launch of the Ronald H. Filler Institute for Financial Services Law. Named in honor of distinguished Professor Emeritus and Bates affiliate expert Ronald H. Filler, the Institute will provide cutting-edge educational programming, CLE panels, and speaker forums for students and practitioners that respond to emerging challenges in securities, derivatives, banking, and insurance laws and regulations.

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Bates Research  |  06-11-21

Regulating Cryptocurrency: New Players, New Urgencies

In an op-ed in the Wall Street Journal on June 6, 2021, former SEC Chair Jay Clayton and former Undersecretary of the Treasury Brent McIntosh warned against the “serious risk of both overregulation and underregulation” of cryptocurrencies. They were responding to a rapidly changing financial marketplace in which innovative and complex digital products and services have become mainstream. They were also responding to recent statements by legislators, administrators and regulators advocating for a more comprehensive framework of government intervention to protect consumers and investors from price volatility and the fraud and money laundering that has proliferated across digital platforms. In this article, we review some of the recent pronouncements concerning cryptocurrency regulation, including the latest considerations on the development of a U.S. central bank digital currency.

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Bates News  |  06-04-21

Bates Managing Director Hank Sanchez featured in FSDA Member Spotlight Interview

Bates Compliance Managing Director Hank Sanchez sat down recently with the Florida Securities Dealers Association for a Member Spotlight interview.

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Bates Research  |  06-03-21

Regulators Get Tough on Reg BI and Form CRS Phase Two Compliance – Part 2: Reg BI

As we previously relayed in Part 1 of this article, the honeymoon period in which firms needed to show merely a “good faith” effort at compliance with Reg BI and Form CRS requirements has come to an end. The SEC and FINRA have made clear that the regulators are moving to the next, more aggressive examination phase to ensure compliance with the new standard. Part 2 of our article focuses on commentary from FINRA’s 2021 Annual Conference concerning Reg BI and what firms should expect during examinations in Phase Two.

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Bates Research  |  06-03-21

Regulators Get Tough on Reg BI and Form CRS Phase Two Compliance – Part 1: Form CRS

The honeymoon period in which firms needed to show merely a “good faith” effort at compliance with Regulation Best Interest (“Reg BI”) and Customer Relationship Summary Form (“Form CRS”) requirements has come to an end. At a recent session on Reg BI and Form CRS Observations during FINRA’s 2021 Annual Conference, speakers from the SEC and FINRA made clear that the regulators are moving to the next, more aggressive examination phase to ensure compliance with the new standard. In this two-part article, Bates examines regulator comments and expectations, and what firms can expect in Phase Two. In Part 1, we look at developments concerning Form CRS.

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Events  |  06-02-21

Upcoming CLE Webinar June 16th - Current and Future Employment Issues: What to Expect Going Forward

Join Bates Group for this new, complimentary 1-hour webinar examining the effects that remote working conditions during the pandemic had on supervisory activity, disciplinary actions and terminations — what we are seeing today and what to expect going forward. Panelists include industry leaders and experts who will share their insight on the developing issues impacting employers and employees in 2021.

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Bates Research  |  05-20-21

FINRA Warns Members of Increase in Online Account Takeovers and to Follow Rules on Arbitration Agreements; Seeks Diversity and Inclusion Improvements

In a sign of ramped-up concern, FINRA urged members to ensure that cybersecurity programs and practices are in place to protect customers from online account takeover attempts. The regulator also issued Notices reminding firms to follow disclosure and other rules on pre-dispute arbitration agreements and asking market participants for comments on any rules that may create unintended barriers to diversity and inclusion in the broker-dealer industry.

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