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William A. Johnstone, former D.A. Davidson Chairman, joins Bates Group’s Board of Directors

05-07-18

William A. Johnstone, former D.A. Davidson Chairman, joins Bates Group’s Board of Directors

Bates Group is pleased to announce that William (Bill) A. Johnstone, the immediate past Chairman of D.A. Davidson Companies, has joined the Bates Group Board of Directors.

“We are very excited that Bill has joined our Board,” said Bates Group Chairman Rob Lee. “His leadership and success at growing and managing world-class financial services companies and law firms makes him an ideal Board member for Bates.”

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05-03-18

SEC “Best Interest” Rule Reaction, DOL Rule At Its End

It’s been two weeks since the SEC Best Interest Rule was unveiled, and the three-part proposal is drawing praise, criticism and much scrutiny. As expected, political and industry reaction is coming in from many quarters. Meanwhile, the fate of the DOL fiduciary rule has been decided by the Fifth Circuit Court of Appeals which denied several motions for reconsideration of their decision to vacate the rule. As expected, none of this has slowed states’ actions, as they keep promulgating suitability, fiduciary duty and disclosure standards. Bates has a recap of the latest activity.

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Update: SEC Releases Share Class Selection Disclosure Initiative FAQs

05-02-18

Update: SEC Releases Share Class Selection Disclosure Initiative FAQs

The SEC Division of Enforcement issued guidance in the form of Frequently Asked Questions (FAQs) on its Share Class Selection Disclosure Initiative (SCDI). The FAQs, released May 1st, provide detailed answers on questions raised by the initiative, including adviser eligibility and the distribution of funds to clients. Bates Group has been monitoring and reporting on SCDI developments and has closely reviewed this new guidance.

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04-26-18

Regulators Offer More Guidance as AML Rules Near Effective Date

Away from the headlines, federal and state regulators continue to prepare financial institutions for their new anti-money laundering compliance obligations. In the past few weeks, the Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) and FINRA provided additional guidance to covered institutions on how to comply with rules that are set to go into effect next month. In New York, the certification provisions of the Department of Financial Services (“NYDFS”) BSA/AML rules went into effect. Bates research has the highlights.

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Update: SEC Mutual Fund Share Class Disclosures

04-23-18

Update: SEC Mutual Fund Share Class Disclosures

The SEC Division of Enforcement announced a "Share Class Selection Disclosure Initiative" intended to protect and reimburse investors from an adviser’s conflict of interest. The new initiative offers an incentive to advisers and related individuals and entities to review and potentially self-report conflicts of interest, as they relate to the adviser’s collection of 12b-1 fees, as well as its disclosure of such fees, that are in violation of fiduciary duties imposed under the Investment Advisers Act. The deadline to conduct this analysis, address these issues, and self-report is Tuesday, June 12th – only seven weeks away.

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Alert: SEC Proposes “Regulation Best Interest”

04-19-18

Alert: SEC Proposes “Regulation Best Interest”

At an open meeting, the Securities Exchange Commission voted 4-1 to propose a set of rulemakings and interpretations designed to establish clear relationship standards between broker dealers and investment advisers and their retail clients. The SEC prescription comes on the heels of the 5th Circuit Court of Appeals decision to vacate the Labor Department’s stricter “fiduciary duty rule” promulgated under the Obama administration.

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04-12-18

Government Response (and Tension) in the Continuing Cyber War on Data

Congress has become increasingly sensitive to high-profile data breaches. Two new Congressional bills have been proposed to establish general standards for data protection and also address a number of concerns regarding the security of consumers’ credit reports, inspired by the Equifax breach. New York Attorney General Eric Schneiderman said his office is in the midst of investigations into Equifax and has joined the Massachusetts Attorney General in an investigation into Cambridge Analytica. 

Meanwhile, Congressional leaders have called for “a national solution to create data security safeguards and responsible notification processes,” although some State Attorneys General made clear that this may be an incomplete solution.

This is the second in a two-part series looking at the current state of cyber protections in light of recent hacks, data breaches, and cyberwarfare.

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04-05-18

Ongoing Cyberthreats Targeting Your Data

Attacks on private personal and financial information have not decreased since Bates Research last reported on the headline-grabbing data breaches of Uber and Equifax, and the governmental data breach of the SEC’s EDGAR filing system. In the wake of three new dramatic data breaches, cyberthreats seem far from contained. 

This is the first in a two-part series looking at the current state of cyber protections in light of recent hacks, data breaches, and cyberwarfare.

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Alert: New SEC Share Class Selection Disclosure Initiative

03-09-18

Alert: New SEC Share Class Selection Disclosure Initiative

The SEC Division of Enforcement announced a "Share Class Select Disclosure Initiative" intended to protect and reimburse investors from an adviser’s conflict of interest. The new initiative offers an incentive to advisers and related individuals and entities to review and potentially self-report conflicts of interest, as they relate to the adviser’s collection of 12b-1 fees, as well as its disclosure of such fees, that are in violation of fiduciary duties imposed under the Investment Advisers Act. If the adviser self-reports the conflict and returns the money to investors, the Division of Enforcement will recommend that the Commission accept favorable settlement terms and not impose civil penalties that would otherwise have been imposed. Investment advisers that do not self-report and reimburse may face stronger sanctions. Bates Group recommends that advisers review their share class selection policies and procedures and disclosure practices. Follow the link for a more detailed review of the issues at stake and how Bates Group can help.

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03-08-18

FINRA Tackles Arbitration Procedure Issues

FINRA is stepping up its efforts to address a number of longstanding procedural issues in its arbitration forum. With proposals to (i) increase the likelihood of recovery on unpaid arbitration awards, (ii) tighten the process to expunge customer dispute information, (iii) eliminate fees for explaining certain arbitration decisions and (iv) change procedures for arbitrating small claims, regulators are attempting to both protect investors and strengthen the securities arbitration forum. Bates Research has a top-line brief on the headlines.

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03-01-18

MSRB Mark-Up Disclosure Rules: The Clock is Ticking

In a little more than ten weeks, new rules go into effect that require municipal securities dealers to disclose the mark-ups and mark-downs they charge when selling municipal bonds to retail investors. Despite a significant notice and comment period, the provision of a year and a half of lead time, and considerable substantive guidance, bond traders are said to be scrambling to meet the May 14th implementation date. They may yet get some relief. We take a closer look at where things stand.

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02-21-18

Fintech Firms Race to Innovate, States and Regulators Voice Concerns

Tech firms are scrambling to gain a piece of the 8.5 trillion-dollar financial industry market, and financial institutions are racing to partner with tech firms to create competitive advantage. Regulators and legislators, mindful of protecting investors and ensuring the integrity of the financial markets, are simultaneously promoting fintech business innovation, issuing enforcement warnings, entering into regulatory collaborations, and looking to regtech to help them adjust to the shifting paradigm. Highlights of federal and state activity over the past few weeks demonstrate this dynamic and their concerns. Bates Research dives into the details.

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