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Steven Lofchie is the Chief Legal Architect and a co-founder of Caffrey.AI, an AI platform built for law firms, banks, and the financial regulatory industry. He is also a partner at Norton Rose Fulbright, where he advises financial institutions on securities laws, the Commodity Exchange Act, and broker-dealer regulation. Ranked by Chambers USA every year since 2007, he is the author of “Lofchie’s Guide to Broker-Dealer Regulation,” long considered the leading treatise on the subject.

Recent Articles & Comments

This latest Risk Alert likely signals that more enforcement actions for undisclosed conflicts are about to drop. Note this recent enforcement against an adviser for compliance and disclosure failures related to conflicts of interest.   

 

One difficulty with evaluating Mr. Barr's arguments is that he is so consistently in favor of maintaining and increasing regulation. Is there really no area in which the regulators impose rules that should be modified or eliminated?  

Questions about the proper regulatory oversight of event contracts would be best settled by legislative determination, rather than by regulatory assertion that may be accepted or rejected by the courts based on a fairly thin paper trail. As a practical matter, the challenges in regulated contracts that are based on events at, for example, awards shows are simply different than those in regulating contracts based on "traditional" commodities such as energy and interest rates. This requires…

The financial industry should consider how the event of delisting is treated in standard form financing documents; i.e., it makes no sense that a delisted security should be valued at the last traded price, particularly when that last traded price has resulted from market manipulation that itself caused the delisting.