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
The 2023 bank runs could be attributed in part to the bank regulators' failure to properly monitor banks exposure to interest rate risk and mismatches. (See, e.g. .) As frequently pointed out, this failure may have been in part the result of the excess amount of regulatory attention devoted to climate issues that are impossible to quantify and in any case not an imminent threat to the banking system. (See, .)
It should also be noted that Treasury's actions to…
In theory, it sounds like a good thing for regulators to say that the list of risks that they worry about should be overinclusive and must account for the "unknown unknowns." The downside of this good thing is that it can become a justification for the government to exercise authority without any real basis, on the claim that it is protecting the system from risks that cannot be readily identified or quantified.
The metaverse would lack any semblance of reality if it were not fully regulated.
Compliance officers should promptly consider how to build the new requirements into their existing procedures, including obtaining periodic representations from registered persons on their credit relationships, and reviewing the process for approving or disapproving any new or amended credit relationships.
Firms may also want to consider whether their revised processes should include questions that go beyond borrowing and lending, for example, asking whether a registered…