Skip to main content

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

Director Hinman's advocacy for principles-based disclosure by issuers is consistent with the current majority view of the SEC Commissioners. (See, e.g., the stated positions of the Commissioners Clayton, Roisman and Peirce with the notable exception of Commissioner Lee. . See also .)

Director Hinman . Assuming that the Democratic commissioners become a majority at the SEC, there may be a meaningful reversal of priorities, particularly in the Division of Corporate Finance, where it is…

Pushing for more standardized ESG disclosure by SEC-registered issuers and, assuming there is a changing of the guard at the SEC, may become a focus of the majority of the SEC commissioners. It is one thing to push for the concept of more structured data as to ESG and a harder task to define the data that can and should be structured. What ESG data can be put into a structured form remains very much an open question.

In advocating for greater ESG disclosure, Commissioner Lee is also…

FINRA stated that it has substantial empirical evidence to demonstrate that an employee who has been the subject of a negative conduct finding in the past is much more likely than an employee with a clean record to be subject of such a finding in the future. This accords with common sense as well.

In spite of the apparent benefits of the proposed rule, it is reasonable to question whether the rule may be unduly arbitrary. For example, brokerage employees are tainted for having worked…

There have now been a number of studies of, or reactions to, the mini-financial crisis caused by the pandemic. See, e.g., the ; the statement of "; and the . BlackRock has also , including one on .

Some common threads run through all of these studies: they all find that the financial markets performed better during the pandemic crisis than during the earlier financial crisis, and they all attribute this in good part to some of the changes in financial regulation made as a result of…