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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 issue has required attention for going on two decades. When the SEC clamped down on the conflicts of interest in the production of investment research, it also reduced much of the incentive for firms to produce research while raising the costs of such production. However justified the regulatory actions were, some greater consideration should have been given to their obvious negative consequences and as to whether those negative consequences might be to some extent…

Although the MSRB document is addressed to investors, both broker-dealers and investment advisers should consider the suitability issues raised by the MSRB's statement.  

While President Biden's on digital assets has been interpreted by some to reflect an open-mindedness on digital assets, recent statements by federal regulators and legislative representatives appears to be moving in a contrary direction - with Senator Brown's statement being the most aggressive example. (See also ; ; .) Senator Brown echoed a phrase used to describe the Executive Order, saying that the "whole of government" must be put to the service…

Most CCOs have responsibility for developing a firm's supervisory systems, and thus, are subject to liability under the terms on the notice. As a result, while the FINRA guidance might have been intended to be comforting, it is doubtful that CCOs will find much relief in it.