The concept of a new self-regulatory organization ("SRO") has broad appeal, particularly in the securities industry. While there is no doubt that FINRA, the most important SRO, serves a critical function in the securities regulatory system, it is not really a "self-regulatory" organization in the plain-English sense of the word. The SEC can require FINRA (and the other securities SROs) to adopt specific rules; and they cannot adopt their own rules without the approval of the SEC. If the…

The condition requiring FIA to provide a report on the difficulties of work-from-home is unusual. Presumably, FIA will report that immediate time stamping may be difficult when the doorbell rings, the dog needs to go out or the kids are crying.

The NYDFS recommendations - coordinate, hire, join, be proportionate - do not provide much insight into specific actions that should be taken. However, in a previous Ms. Lacewell suggested that New York banks should disinvest from a variety of issuers, including energy companies, Bitcoin miners, and even municipal bonds, which she had described as being at risk for lower valuation as a result of rising sea levels.

The term "midnight rulemaking" refers to the rush by an outgoing administration to adopt rules before a new administration comes into office. According to GAO, such rulemaking is quite common, but in some cases may reflect noncompliance with administrative law requirements. See, e.g., (March 2018) at page 22 (finding that a significant percentage of midnight rulemakings at the end of the Obama administration did not comply with the , which contains additional procedural requirements…