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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

Following the much larger failure of Silicon Valley Bank, another California state bank, this raises the question of whether the California banking regulators are sufficiently aggressive.

 

While the court's holding, narrowly read, is about preemption (rejecting the claim that the CEA preempts state regulation of gambling), the language of the decision goes well beyond that, disparaging the argument that contracts on sports events are swaps as opposed to bets.

 

Just like that, AI has completely supplanted climate change as the hot new concern that all of the regulators must chase for headlines. If the state regulators believe that state regulation would be beneficial, then it is incumbent on the states to describe what such regulation might look like. It is difficult to imagine how competing countries could coordinate globally on restraining uses of AI. Do the AGs believe that a hodgepodge of state regulations brings anything to the table…

It is really shocking that the SEC under Chair Gary Gensler adopted the clearing requirement with so little analysis of its costs. If margin costs rise materially, it will cost more to fund the federal deficit.