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
There seems to be no logic to the sanctions that FINRA imposes on individual broker-dealer employees. How is it that the sanction in this case—the monetary penalty and the suspension—is barely more severe than the penalty imposed on a broker who costs elderly customers far more money?
Firms should warn their employees about a significant trend in enforcement actions against brokers failing to make proper disclosure of outside business activities.
Elimination of the threat of a disparate impact charge is particularly significant with respect to banks and other credit institutions use of AI. For example, a bank could be found liable if AI made a credit decision that the bank could not explain (often inherent in AI), leading to a disparate impact charge.
The very tough challenge will be to define the conditions under which an asset born as a security matures into a commodity.