Chief Legal Architect and a co-founder of Caffrey.AI
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
Does a broker-dealer have liability to its customer if the firm delays or prevents a transaction that turns out to be profitable?
The SEC should reconsider its regulation of digital assets. (.) As in the , the SEC found that the offering here was clearly a "security" under . If the SEC takes other firms offering similar products to court, the SEC is going to win.
That said, the SEC should be more willing to engage on the application of the securities laws to digital assets. Until it does so, market participants have a limited number of strategies available to them: (i) fully comply with the securities laws,…
The expanded authority that the DOL indicates it may seek to require reporting on the manner in which plan fiduciaries vote their proxies raises a concern that the government may implicitly or explicitly pressure fiduciaries to vote their proxies in a politically preferred way. That would have an indirect effect of forcing public and private corporations to act in accordance with a politically preferred manner. The SEC has published a similar proposal that would .
While governmental…
SEC Chair Gensler is overwhelming market participants with a flood of major rule proposals. There is simply no way that market participants are able to assess so many major proposals in such a short time period.
This particular proposal raises numerous regulatory, operational and even statutory questions. For example, the very expanded definition of "group" effectively expands the scope of Section 13(d) under the Securities Exchange Act well beyond any ordinary understanding of the…