New Podcast: Will There Be A Post-Pandemic Securities Litigation Wave?

When markets are volatile, history has shown us that there is often an increase in securities litigation,  In this week’s episode, Oyster’s General Counsel Patrick M. Dennis and Director Evan Rosser talk about past litigation trends in volatile markets and what they see coming as the pandemic continues to wreak havoc on the national economy and individual investments. Oyster… READ MORE

Increases Expected in Pandemic-Related Securities Litigation

Recent webinars and articles have centered around the issues the securities industry will confront as a result of the pandemic and market turmoil.  We have compiled relevant information from those sources and added our own observations based on our previous experience. Based on past market downturns, firms can expect a wave of litigation stemming from… READ MORE

SEC Examinations that Focus on Compliance with Regulation Best Interest

The SEC’s Office of Compliance Inspections and Examinations (OCIE) has issued a Risk Alert to provide broker-dealers with information about the scope and content of its initial examinations for compliance with Regulation Best Interest (Reg BI).  For additional information about the requirements of Reg BI, please see our blog entitled SEC Adopts Reg BI. After… READ MORE

Form ADV and Form PF Relief: Understanding the SEC’s Exemptive Order

The SEC provided an exemptive order this week in response to the COVID-19 event.  In limited circumstances, Investment Advisors and Exempt Reporting Advisors will have an additional 45 days from the original deadline to complete and submit their annual filings or material changes. Procrastinators need to understand that there are specific circumstances requirements to meet… READ MORE

Your Form ADV – Beyond Checking the Box

Additionally, Reg BI requires that firms file Form CRS.  The SEC has said that to answer some parts of Form CRS, you may link to other places where the relevant information resides, and a lot of that information is already in your ADV part 2A brochure.  Even if you don’t take advantage of your new… READ MORE

SEC Publishes Form CRS FAQs

As the effective dates for Reg BI approach, we are starting to see more information and activity around certain aspects of the rule.  This includes some welcome FAQ’s around Form CRS. On November 26, 2019 the staff of the Division of Investment Management and the Division of Trading and Markets released FAQs to help registrants prepare… READ MORE

Compliance Procrastinators – With 2020 Compensation Planning Heating Up- Now is the Time to Make Sure Reg BI is Fully Understood

Reg BI has made some decisions very easy. The rule requires firms to “identify and eliminate sales contests, sales quotas, bonuses, and non-cash compensation that are based on the sale of specific securities or specific types of securities within a limited period of time.” With compensation planning for 2020 discussions typically heating up in the fall,… READ MORE