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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

From a political perspective, Senator Warren's interests seem focused on disclosures that she thinks may be politically beneficial. This is evident in the types of disclosures for which she advocates, particularly the disclosure of political contributions. According to Senator Warren, over one million "investors" wrote to the SEC supporting disclosure in this category. That is a number more likely the result of a political letter writing campaign than of a movement of…

The current flood of new regulations is exacerbated by different regulators attempting to assume authority over SEC-registrants, whether it is the CFPB with respect to arbitration, the DOL with respect to sales practices or the banking regulators with respect to securities financing. Government, and business as well, would operate more efficiently if regulators would stick to cultivating their own separate gardens.

Professor's Pirrong's financial network models demonstrate how complexity may thwart the most well-intentioned regulatory plan. A couple of related observations:

First, many elected officials and regulators are so invested in Dodd-Frank and the regulations adopted under it, that they deny its deficiencies or the problems it creates. See, e.g., ; . Even to those who believe that Dodd-Frank is a better than bad piece of legislation, honest and critical…

For crowdfunding portals to work, Congress must provide a way for them to make money without being subject to such heavy regulatory requirements imposed by the SEC and FINRA. Otherwise, it's simply hard to see the incentive for a crowdfunding portal to operate. Below, for example, is a list of the activities that a funding portal cannot engage in (read it and please explain why anyone would want to start one):

(a) provide advice or make recommendations;

(b) solicit transactions…