News/Commentary

Why High-Net-Worth Clients Can Turn an Institutional Communication into a Retail Communication Violation

Overview Small and mid-size broker-dealers increasingly rely on the institutional communication exemption under FINRA Rule 2210 to distribute marketing decks and performance-based marketing materials to clients and prospects. The exemption … Continue reading Why High-Net-Worth Clients Can Turn an Institutional Communication into a Retail Communication Violation

FinCEN FAQ Eases SAR Documentation Burden – But Raises the Bar on Risk-Based Judgment

Overview The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) released new Frequently Asked Questions (“FAQs”) in October 2025 clarifying several aspects of Suspicious Activity Report (“SAR”) filing … Continue reading FinCEN FAQ Eases SAR Documentation Burden – But Raises the Bar on Risk-Based Judgment

AI Washing – Why Regulators Demand Proof, Not Promises from Advisers and Broker-Dealers

Overview Artificial intelligence has become the financial industry’s favorite buzzword, but it is also a growing regulatory risk. The Securities and Exchange Commission (SEC) is making it clear that exaggerating … Continue reading AI Washing – Why Regulators Demand Proof, Not Promises from Advisers and Broker-Dealers

Texas Issues Guidance on Data Aggregation: Key Takeaways for Financial Services Firms

Introduction The Texas State Securities Board (“TSSB”) recently issued guidance, effective July 2025, addressing the responsibilities of investment advisers when using data aggregation services and third-party platforms. While the guidance … Continue reading Texas Issues Guidance on Data Aggregation: Key Takeaways for Financial Services Firms

Firms and Reps at Risk: The Overlooked PST Compliance Obligation of Passive Investments

The Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) continue to stress that the obligation under FINRA Rule 3280, Private Securities Transaction (PST) to disclose personal … Continue reading Firms and Reps at Risk: The Overlooked PST Compliance Obligation of Passive Investments

“Independent Contractor or Employee?” Why Financial Firms Are Caught in a Regulatory Crossfire

One of the more complex and often overlooked regulatory tensions in the financial services industry lies in the conflict between securities law requirements and labor law guidance issued by the … Continue reading “Independent Contractor or Employee?” Why Financial Firms Are Caught in a Regulatory Crossfire

E-Delivery Reform Advances: What the Improving Disclosure for Investors Act of 2025 Means for the Financial Industry

In a move that reflects the evolving preferences of retail investors and the growing reliance on digital technology, a bipartisan group of lawmakers introduced the Improving Disclosure for Investors Act … Continue reading E-Delivery Reform Advances: What the Improving Disclosure for Investors Act of 2025 Means for the Financial Industry

FINRA Board Approves Amendment to Rule 2210 to Permit Limited Performance Projections

The Financial Industry Regulatory Authority (FINRA) Board of Governors approved moving forward with a significant amendment to FINRA Rule 2210 (Communications with the Public) in which it recommended introducing a limited … Continue reading FINRA Board Approves Amendment to Rule 2210 to Permit Limited Performance Projections

FINRA Seeks Feedback on Rule 3220 Overhaul: New Limits, Codified Guidance, and Exemptions

Overview The Financial Industry Regulatory Authority (“FINRA”) has requested comments on a proposed amendment (the “Amendment”) to Rule 3220 (“Rule 3220”) that it recently filed with the Securities and Exchange … Continue reading FINRA Seeks Feedback on Rule 3220 Overhaul: New Limits, Codified Guidance, and Exemptions

FINRA Proposes Rule 3290 to Streamline Oversight of OBAs and PSTs

The Financial Industry Regulatory Authority (FINRA) has proposed a new rule, FINRA Rule 3290 – Outside Business Requirements (Proposed Rule), to simplify and reduce unnecessary regulatory burdens related to the … Continue reading FINRA Proposes Rule 3290 to Streamline Oversight of OBAs and PSTs

Implementation Deadline for Amended Electronic Recordkeeping Rules for Broker-Dealers Nears

In October 2022, the Securities and Exchange Commission (“SEC”) adopted amendments to the recordkeeping rules applicable to broker-dealers, security-based swap dealers, and major security-based swap participants. The amendments impacting broker-dealers … Continue reading Implementation Deadline for Amended Electronic Recordkeeping Rules for Broker-Dealers Nears

Revisions to Cash Solicitation Rule Proposed for Investment Advisers (Part 3 of 3)

As noted previously, the Securities and Exchange Commission (“SEC”) announced that it is releasing proposed amendments to the advertising and cash solicitation rules that currently provide for the regulatory framework … Continue reading Revisions to Cash Solicitation Rule Proposed for Investment Advisers (Part 3 of 3)

Updated Cash Solicitation and Advertising Rules Proposed for Investment Advisers (Part 2 of 3)

As noted previously, the Securities and Exchange Commission (“SEC”) has announced that it is releasing proposed amendments to the cash solicitation and advertising rules that impact investment advisers.  In this … Continue reading Updated Cash Solicitation and Advertising Rules Proposed for Investment Advisers (Part 2 of 3)

Updated Advertising and Cash Solicitation Rules Proposed for Investment Advisers (Part 1 of 3)

The Securities and Exchange Commission (“SEC”) has announced that it is releasing proposed amendments to the advertising and cash solicitation rules impacting investment advisers.  The proposed amendments are to the … Continue reading Updated Advertising and Cash Solicitation Rules Proposed for Investment Advisers (Part 1 of 3)

FINRA Points to Fair and Balanced Customer Communications Regarding Departing Registered Representatives

The Financial Industry Regulatory Authority (FINRA) has consistently sought to ensure that customers can make a timely and informed choice about where to maintain their assets when their registered representative … Continue reading FINRA Points to Fair and Balanced Customer Communications Regarding Departing Registered Representatives

Cantor Fitzgerald Fined $2 Million by FINRA for Regulation SHO Violations and Supervisory Failures

The Financial Industry and Regulatory Authority (FINRA)  announced that it has fined Cantor Fitzgerald & Co. (Cantor) $2 million for Regulation SHO (Reg SHO) violations and supervisory failures spanning a … Continue reading Cantor Fitzgerald Fined $2 Million by FINRA for Regulation SHO Violations and Supervisory Failures

CAB Rule Amendments Proposed by FINRA to Address Qualification Requirements

The Financial Industry and Regulatory Authority (“FINRA”) has filed a proposed rule change with the Securities and Exchange Commission (“SEC”) and is soliciting comments to amend the Capital Acquisition Broker … Continue reading CAB Rule Amendments Proposed by FINRA to Address Qualification Requirements

Compliance Deficiencies Targeted in FINRA’s 2018 Examination Findings Report

The Financial Industry Regulatory Authority (“FINRA”) recently issued its 2018 Examination Findings Report that reflects a summary of its examination findings for broker-dealers (“firms” or “members”) in 2018.   For members, … Continue reading Compliance Deficiencies Targeted in FINRA’s 2018 Examination Findings Report

SEC Provides Investment Advisers Guidance Relating to Electronic Messaging

The Office of Compliance Inspections and Examinations (“OCIE”) of the Securities and Exchange Commission (“SEC”) conducted a limited-scope examination initiative of registered investment advisers (“advisers”) that was designed to provide … Continue reading SEC Provides Investment Advisers Guidance Relating to Electronic Messaging

FINRA Proposes Amendment to Rule 1220 for Firms Exempt from FINOP Requirement

Financial Industry Regulatory Authority, Inc. (“FINRA”) filed  a proposed rule change with the Securities and Exchange Commission to amend FINRA Rule  Rule 1220(a)(4) (Financial and Operations Principal and Introducing Broker-Dealer … Continue reading FINRA Proposes Amendment to Rule 1220 for Firms Exempt from FINOP Requirement

FINRA Proposes New Rule on Outside Business Activities and Private Securities Transactions

FINRA seeks comments on a proposed new rule to consolidate FINRA Rule 3270 (Outside Business Activities of Registered Persons) and FINRA Rule 3280 (Private Securities Transactions of an Associated Person).  … Continue reading FINRA Proposes New Rule on Outside Business Activities and Private Securities Transactions

SEC’s Observations on the Elements of Robust Cybersecurity Policies and Procedures

The Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections (“OCIE”) issued a Risk Alert that provides its observations on the elements of robust cybersecurity policies and procedures.  Those observations … Continue reading SEC’s Observations on the Elements of Robust Cybersecurity Policies and Procedures