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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

For a long time, the Resource Extraction Rule had been criticized by Republicans as inadequate to achieve its intended purpose and irrelevant to the mission of the SEC. See, e.g., .

This small exemptive action, which is not, of itself, terribly significant from a market perspective, is a great example of why the CFTC’s withdrawal of the historical exemption that SEC-registered investment companies had previously from regulation as a commodity pool was unwise. SEC-registered investment companies are astronomically regulated by the SEC. Adding an additional layer of CFTC regulation is just an expense to RICs and is a drain on the resources of the CFTC, which has…

One benefit of transitions is that they allow us to let go of the past. A preference for holding onto a failed theory is not unique to those in government. Indeed, one of the most famous works on the theory of knowledge and the course of scientific progress, Thomas Kuhn's "," deals with precisely this issue (see Emory University Professor Frank Pajares' ). If, after eight years of dedication to the proposition, proponents of position limits regulation could find no evidence that it…

This relief may seem technical, but it is highly material to FCMs who otherwise would be required to tie up their proprietary cash needlessly during the business day. As, the number of FCMs has declined substantially in the past several years. The decline likely is driven by increased regulatory costs and burdens, and decreased revenue opportunities. This relief is a step toward righting that wrong direction.