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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 is a significant success. CFTC Chair Giancarlo had, at once, both reached out to the Europeans in regard to the mutual acceptance of "comparable regulations" and cautioned the Europeans against imposing regulatory requirements that would disadvantage U.S. financial intermediaries. See

The SEC's Order says that the whistleblower was a former company insider who alerted the Commission to a "widespread, multi-year securities-law violation." The Order also states that there was an "unreasonable delay [by the whistleblower] in reporting the misconduct to the Commission." This suggests a disgruntled former corporate officer who may have been involved in, or at least aware of, the wrongdoing, but decided to report it after he was fired. If that is the case, it is hard to feel…

The CFPB's payday rules are of the type that sound good in theory, but may injure borrowers that the rules were meant to protect. For example, while it sounds perfectly reasonable to say that the interest rate on payday loans is too high, it is necessary for lenders to take into account the costs of making very small loans and the high potential for loss. Given these costs, a low interest rate likely makes the business unprofitable. It is reasonable to ask, therefore, whether the intent of…

What does this do to clearinghouse risk?