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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

The job of the CFTC is to regulate markets in which market participants can agree to transfer risk between them. If there exists a sufficient number of market participants to create a liquid market in which they can buy and sell "climate risk," such risk would be measured by these participants. Then the CFTC should do its best to regulate that market so that it operates efficiently and transparently. It is not the job of the CFTC, as a regulatory agency, to advocate as to carbon taxes…

The significance of the data is not obvious. However, by their joint letter, the investor rights advocates demonstrate that a significant number of shareholders want to maintain a liberal ability of small shareholders to put up proposals for a vote. This raises the question: if the shareholders of each issuer could vote on the rules applicable to that issue, what range of standards would be adopted by the shareholders themselves?

The proposed rule is a blunt statement by the DOL in making entirely explicit that the obligation of a plan fiduciary is to act for the benefit of plan participants, and not to spend money on any activity that does not further that goal. The proposal is not in direct contradiction of Interpretive Bulletin 2016-01, but the tone is quite different. That Interpretive Bulletin concludes that fiduciaries should not spend excessively on proxy issues that are not material, and, implicitly, that any…

In the tradition of Schumpeter, Hayek, Popper and Friedman, Commissioner Peirce is reminding people that the moral value of the capitalist system derives from producers exercising their individual freedom so as to attempt to satisfy the desires of consumers, likewise exercising their individual freedom. The alternative is the denial of that freedom through the power of the state to determine how individuals should work, and how they should shop.