Publications of Interest > Securities Industry > Investment Management > Practices : Morgan, Lewis & Bockius

11/21/08 Broker-Dealer Regulatory Update - As of November 20, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

11/14/08 Broker-Dealer Regulatory Update - As of November 13, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

11/14/08 Current Topics for Investment Advisers, presented at the First Clearing Correspondent Services Compliance Roundtable, Washington, D.C.

Presentation | Speech
John Ayanian, Jennifer Klass

11/11/08 SEC Adopts Interim Reporting Requirement for Short Sales

LawFlash/Client Alert | Financial Crisis Impact and Analysis Alert
Investment Management Practice

This FYI is an update of the FYI circulated by Morgan Lewis on October 17, 2008 reflecting additional informal guidance that we understand was provided by the SEC staff to the Managed Funds Association and other groups. To ensu... more

11/06/08 Tracker Impact Analysis: SEC Fines LPL Financial Corporation for Regulation S-P Violations, Complinet

Outside Publications | Article
Ben Indek, Michael Kraut, Namita Mani

10/31/08 Broker-Dealer Regulatory Update - As of October 30, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

10/27/08 The War on Rumors at the SEC and CFTC, Securities Regulation and Law, Vol. 40, No. 42

Outside Publications | Article
Christian Mixter

10/17/08 Broker-Dealer Regulatory Update - As of October 16, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

10/17/08 SEC Adopts Interim Reporting Requirement for Short Sales

LawFlash/Client Alert | Financial Crisis Impact and Analysis Alert
Investment Management Practice

As a follow-up to the emergency order it issued in September, the Securities and Exchange Commission (SEC) has issued an interim final rule requiring institutional investment managers to file Form SH to report their sho... more

10/16/08 SEC Adopts Interim Close-Out Requirements for Short Sales

LawFlash/Client Alert | Financial Crisis Impact and Analysis Alert
Investment Management Practice

As a follow up to the emergency order it issued in September, the Securities and Exchange Commission (SEC) has issued interim final rules imposing close-out requirements on short sales. The new rules take effec... more

October 2008 Form ADV Part 2 and Regulation S-P, presented at the Investment Adviser Association Annual Compliance Workshop, Los Angeles; San Francisco; New York

Presentation | Speech
Jennifer Klass

10/15/08 SEC Lifts the Veil on Its Enforcement Process by Publishing Enforcement Manual

LawFlash/Client Alert | Securities LawFlash
Ivan Harris, Ben Indek, Christian Mixter

In an effort to make its processes more transparent, last week the SEC made public its Division of Enforcement Manual. Substantial sections of the 122-page manual will be familiar to veterans of the Division of... more

10/13/08 Broker-Dealer Regulatory Update - As of October 9, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

10/05/08 The Emergency Economic Stabilization Act of 2008: Impact of the Historic New Law

LawFlash/Client Alert | Financial Crisis Impact and Analysis Alert
Business and Finance Practice

The Emergency Economic Stabilization Act of 2008 (the “Act”) was signed into law by President Bush on October 3, 2008. Passage of the Act was the result of intense debate in both the U.S. Senate and the U.S. Ho... more

10/03/08 Broker-Dealer Regulatory Update - As of October 2, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

November 2008 SEC Staff Confirms that Hedge Fund Solicitors Are Not Subject to the Cash Solicitation Rule, Derivatives Financial Products Report

Outside Publications | Article
Steven Stone, Monica Parry, Dianne Sulzbach

October 2008 SEC Interpretive Guidance on Web Site Disclosure, Insights: The Corporate and Securities Law Advisor, Vol. 22, No. 10

Outside Publications | Article
Justin Chairman, Alan Singer

09/26/08 Broker-Dealer Regulatory Update - As of September 25, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

09/25/08 SEC Staff Provides Guidance on Short Sale Emergency Orders: Supplement to FYIs of September 21 and 22, 2008

LawFlash/Client Alert | Securities Industry FYI
Investment Management and Securities Industry Practices

As the securities industry continues to wrestle with the emergency orders issued last week by the Securities and Exchange Commission (SEC), a number of interpretive questions have been raised. The SEC staff has... more

October 2008 Strategic Planning Considerations for Companies that Don't Want to Be Investment Companies, ACC Docket

Outside Publications | Article
Monica Parry

09/22/08 UPDATED as of 12:00 p.m. - SEC Emergency Orders: Implications for Buyside and Sellside Firms

LawFlash/Client Alert | Securities Industry FYI
Investment Management and Securities Industry Practices

This FYI is an update of the FYI circulated by Morgan Lewis on Sunday, September 21, to reflect changes announced overnight by U.S. and foreign regulators. To ensure that our clients have the latest development... more

09/21/08 SEC Emergency Orders: Implications for Buyside and Sellside Firms

LawFlash/Client Alert | Securities Industry FYI
Investment Management and Securities Industry Practices

In the face of the current extraordinary market conditions, the Securities and Exchange Commission (SEC) has announced that it is exercising regulatory powers through the following temporary orders: (1) prohibi... more

09/15/08 Corporate Governance: An Overview of Public Company Requirements (updated)

White Paper | Morgan Lewis White Paper
Stephen Farrell

The Sarbanes-Oxley Act of 2002 has had a dramatic effect on public companies. Sarbanes-Oxley, which became law on July 30, 2002, was the first comprehensive federal legislation to impose significant corporate g... more

09/12/08 Broker-Dealer Regulatory Update - As of September 11, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

09/12/08 Filing Deadline for Annual Reports on Form 20-F Accelerated to 120th Day After Fiscal Year End

LawFlash/Client Alert | Securities LawFlash
Business and Finance Practice

On August 27, the U.S. Securities and Exchange Commission (SEC) adopted a number of rule amendments intended to update and enhance disclosure and filing requirements applicable to foreign issuers, including, mo... more

09/11/08 New Ninth Circuit Decision Makes Alleging Scienter Easier for Plaintiffs

LawFlash/Client Alert | Securities LawFlash
Litigation Practice

In the years following the passage of the Private Securities Litigation Reform Act of 1995 (PSLRA), plaintiffs have tried numerous approaches to satisfying the PSLRA’s stringent requirement to plead a “strong i... more

09/05/08 Broker-Dealer Regulatory Update - As of September 4, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

08/29/08 Broker-Dealer Regulatory Update - As of August 28, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

08/22/08 Broker-Dealer Regulatory Update - As of August 21, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

08/15/08 Broker-Dealer Regulatory Update - As of August 14, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

August 2008 U.S. SEC, FINRA and NYSE Regulation: Mid-Year Review – Selected Broker-Dealer Enforcement Cases and Developments

White Paper | Morgan Lewis White Paper
Kurt Rademacher, Ben Indek, Anne Flannery, Michael Kraut, Bonnie Altro, Kerry Land

This outline highlights selected U.S. Securities and Exchange Commission ("SEC" or the "Commission"), Financial Industry Regulatory Authority ("FINRA"), and NYSE Regulation enforcement actions and developments regarding... more

08/08/08 Broker-Dealer Regulatory Update - As of August 7, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

08/01/08 Broker-Dealer Regulatory Update - As of July 31, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

07/30/08 Investment Management Brochure

Marketing Material | Brochure
Investment Management & Securities Industry Group

07/25/08 Broker-Dealer Regulatory Update - As of July 24, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

July 2008 Corporate Governance: An Overview of Public Company Requirements

White Paper | Morgan Lewis White Paper
Stephen Farrell

The Sarbanes-Oxley Act of 2002 has had a dramatic effect on public companies. Sarbanes-Oxley, which became law on July 30, 2002, was the first comprehensive federal legislation to impose significant corporate g... more

07/22/08 Expiration of Shelf Registration Statements to Commence December 1, 2008

LawFlash/Client Alert | Business and Finance LawFlash
Business and Finance Practice

The Securities Offering Reform rules, which became effective December 1, 2005, contain a “sunset” provision under which several common types of shelf registration statements expire three years after their initial effect... more

07/18/08 Broker-Dealer Regulatory Update - As of July 17, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

07/17/08 SEC Issues Emergency Order to Deter Uncovered Short Sales in Certain Financial Institutions

LawFlash/Client Alert | Securities Industry FYI
Securities Industry Practice

The SEC has issued an emergency order to deter naked short selling in the publicly traded securities of 19 specific financial services firms, including Fannie Mae and Freddie Mac (a list of the issuers is set forth belo... more

07/15/08 Broker-Dealer Regulatory Update - As of July 11, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

06/30/08 SEC Proposes Major Revisions to Rule 15a-6

LawFlash/Client Alert | Securities Industry FYI
Securities Industry Practice

The Securities and Exchange Commission (SEC) recently proposed substantial amendments to Rule 15a-6 under the Securities Exchange Act of 1934 (Exchange Act), which provides conditional exemptions from broker-de... more

06/25/08 National Financial Risk and Regulatory Client Webinar: Proposed Regulation S-P Amendments

Presentation | Webcast
Shauna Sappington, Mark Matthews, Steven Stone

06/20/08 Broker-Dealer Regulatory Update - As of June 19, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

06/18/08 The New Examination Process: How to Be Prepared, presented at the BISA Conference, Washington, D.C.

Presentation | Speech
Mark Fitterman, Beth Kiesewetter, Anne Flannery

06/13/08 Broker-Dealer Regulatory Update - As of June 12, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

06/13/08 New York High Court Rules that Commission Formulas Can Include Deductions for Business Expenses

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On June 10, the New York Court of Appeals issued a decision in Pachter v. Bernard Hodes Group, Inc. explaining that although executives are employees covered by New York’s Wage Payment Law, adjustments... more

06/06/08 Broker-Dealer Regulatory Update - As of June 5, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

May/June 2008 An Inconvenient Truth: Disclosure of Conflicts of Interest in Proposed Form ADV Part 2, Practical Compliance & Risk Management for the Securities Industry

Outside Publications | Article
Jennifer Klass, Joshua Blackman

05/30/08 Broker-Dealer Regulatory Update - As of May 29, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

05/23/08 Broker-Dealer Regulatory Update - As of May 22, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

05/16/08 Broker-Dealer Regulatory Update - As of May 15, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

05/16/08 FINRA Issues Proposals on Rulebook Consolidation

LawFlash/Client Alert | Securities Industry FYI
Securities Industry

FINRA has issued four proposals to consolidate existing NASD and NYSE rules into a single rulebook. Comments on the proposals are due to FINRA by June 13, 2008. The proposals are preliminary—they still must be ... more

05/09/08 Broker-Dealer Regulatory Update - As of May 8, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

05/06/08 SEC Fires Another Warning Shot Over Insider Trading Policies and Procedures

LawFlash/Client Alert | Securities LawFlash
Ben Indek

For well over a year, SEC enforcement and examination officials have emphasized the staff’s focus on insider trading, particularly by securities industry professionals. This focus has proceeded largely on two f... more

05/02/08 Broker-Dealer Regulatory Update - As of May 1, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

May 2008 Outsourcing in the Securities Industry: Assessing the Regulatory Landscape, Wall Street Lawyer, Vol. 12, Issue 5

Outside Publications | Article
Theodore Lazo, John Ayanian

04/25/08 Broker-Dealer Regulatory Update - As of April 25, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management Practice

April 2008 Amendments Increase Attractiveness of Rule 701

White Paper | Morgan Lewis White Paper
Business and Finance

The Securities and Exchange Commission has recently adopted two rule amendments that will expand the ability of foreign private issuers that are not U.S. reporting companies to provide stock-based compensation ... more

04/18/08 Broker-Dealer Regulatory Update - As of April 17, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

04/11/08 Broker-Dealer Regulatory Update - As of April 10, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

04/07/08 Broker-Dealer Regulatory Update - As of April 3, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

03/31/08 Broker-Dealer Regulatory Update - As of March 27, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

03/21/08 Broker-Dealer Regulatory Update - As of March 20, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

03/18/08 SEC Proposes “Naked” Short Selling Anti-Fraud Rule

LawFlash/Client Alert | Securities Industry FYI
Securities Industry

On March 17, the U.S. Securities and Exchange Commission (SEC) issued its formal proposal to adopt an anti-fraud rule under the Securities Exchange Act of 1934 (Exchange Act). The rule would address failures to... more

03/07/08 Broker-Dealer Regulatory Update - As of March 6, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

02/22/08 Broker-Dealer Regulatory Update - As of February 21, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

02/15/08 Broker-Dealer Regulatory Update - As of February 14, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

02/11/08 Broker-Dealer Regulatory Update - As of February 8, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

January 2008 2007 Year in Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers

White Paper | Morgan Lewis White Paper
Ben Indek, Anne Flannery, Michael Kraut

This outline highlights selected U.S. Securities and Exchange Commission (“SEC” or the “Commission”), NASD, NYSE Regulation, and Financial Industry Regulatory Authority (“FINRA”) enforcement actions and develop... more

01/18/08 Broker-Dealer Regulatory Update - As of January 17, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

01/14/08 SEC Staff Extends Relief Allowing Broker-Dealers to Rely on Investment Advisers to Perform Customer Identification and Verification

LawFlash/Client Alert | Securities Industry FYI
Securities Industry

On January 10, the SEC’s Division of Trading and Markets issued a letter to the Securities Industry and Financial Markets Association (SIFMA) that extends no-action relief allowing broker-dealers to fully rely ... more

01/11/08 Broker-Dealer Regulatory Update - As of January 10, 2008

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

01/11/08 FINRA Amends NYSE Rule 342.13: Eliminates Cut-Off Date for Recognition of Series 24

LawFlash/Client Alert | Securities Industry FYI
Securities Industry

Today, FINRA issued Regulatory Notice 08-02, which informs member firms that FINRA has amended NYSE Rule 342.13 to eliminate the requirement that the General Securities Principal Examination (Series 24) be pass... more

12/28/07 Broker-Dealer Regulatory Update - As of December 27, 2007

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

12/21/07 Broker-Dealer Regulatory Update - As of December 20, 2007

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

December 2007 SEC Approves Amendments to Rule 144

White Paper | Morgan Lewis White Paper
Business and Finance

On November 15, 2007 , the Securities and Exchange Commission (SEC) approved amendments to Rule 144 under the Securities Act of 1933, as amended (the Securities Act), substantially as the amendments were propose... more

12/14/07 Broker-Dealer Regulatory Update - As of December 13, 2007

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

12/13/07 FINRA Issues Guidance Regarding Review and Supervision of Electronic Communications

LawFlash/Client Alert | Securities Industry FYI
Securities Industry

Last week, the Financial Industry Regulatory Authority (FINRA) issued guidance regarding the review and supervision of electronic communications. The guidance sets forth principles for member firms to consider ... more

12/07/07 Broker-Dealer Regulatory Update - As of December 6, 2007

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

11/30/07 Broker-Dealer Regulatory Update - As of November 29, 2007

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

11/29/07 What Turns Legal Conduct into Market Manipulation? A District Court Answers That Bad Intent Is Enough, But Only Where It Is the Sole Intent

LawFlash/Client Alert | Securities LawFlash
Litigation

A decision by the Southern District of New York in SEC v. Masri , 04 Civ. 1584 (S.D.N.Y. Nov. 21, 2007) (RJH), granting summary judgment and dismissing claims against a broker, seeks to clarify the inte... more

11/19/07 Broker-Dealer Regulatory Update - As of November 16, 2007

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

11/09/07 Broker-Dealer Regulatory Update - As of November 9, 2007

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Broker-Dealer

11/09/07 MSRB Issues Guidance Regarding Revisions to Its Supervisory Rules

LawFlash/Client Alert | Securities Industry FYI
Broker-Dealer Practice

On November 8, 2007, the Municipal Securities Rulemaking Board (MSRB) issued Notice 2007-32 with guidance pertaining to amendments to its supervision rule, Rule G-27. The Notice stated that the amendments, whic... more

11/02/07 Broker-Dealer Regulatory Update - As of November 2, 2007

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

10/26/07 Broker-Dealer Regulatory Update - As of October 25, 2007

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

10/22/07 Broker-Dealer Regulatory Update - As of October 22, 2007

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

10/17/07 Conflicts of Interest (Large Firms), presented at the 2007 NSCP National Membership Meeting, Washington, D.C.

Presentation | Speech
Steven Stone

10/15/07 SEC Review of Executive Compensation Disclosures

LawFlash/Client Alert | Securities LawFlash
Business and Finance

In 2006, the Securities and Exchange Commission (SEC) adopted broad reforms to the disclosure rules regarding executive compensation. The new rules resulted in significant changes in the manner in which public ... more

10/12/07 Broker-Dealer Regulatory Update - Week of October 5 through October 11

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

10/12/07 Compliance Issues Impacting Institutional Investors, presented at the 2007 Equity, Fixed Income, and Derivatives Markets Conference, New York

Presentation | Speech
Steven Stone

10/05/07 Broker-Dealer Regulatory Update - Week of September 21 through October 4

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

09/14/07 Broker-Dealer Regulatory Update - Week of September 7 through September 13

LawFlash/Client Alert | Broker-Dealer Regulatory Update
Investment Management

06/18/07 NASD and NYSE Request Comment on Joint Guidance Regarding Review and Supervision of Electronic Communications

LawFlash/Client Alert | Securities Industry FYI
Securities Industry

Last week, NASD and NYSE (collectively, SROs) issued a joint request for comment on proposed Joint Guidance regarding the review and supervision of electronic communications. The proposed Joint Guidance sets fo... more

06/18/07 SEC Exam Staff Issues Its First ComplianceAlert

LawFlash/Client Alert | Securities Industry FYI
Securities Industry

On June 14, 2007, the SEC’s Office of Compliance, Inspections, and Examinations (OCIE) issued a ComplianceAlert, the first in what it has indicated will be a series of periodic updates that will summarize select areas t... more

06/07/07 Current Best Execution, Trading, and Investment Opportunity Issues, presented at the Money Management Institute's Legal/Regulatory Affairs Conference for General Counsels & Chief Compliance

Presentation | Speech
Steven Stone

06/07/07 International Issues, presented at the Money Management Institute's Legal/Regulatory Affairs Conference for General Counsels & Chief Compliance

Presentation | Speech
Steven Stone

05/31/07 IRS Issues Guidance Limiting Tax Benefits Associated With Asset-Based Fees

LawFlash/Client Alert | Investment Management FYI
Investment Management

On May 25, 2007, the Internal Revenue Service (IRS) issued guidance regarding the tax treatment of fees paid in accounts that charge flat percentage fees instead of transaction-based commissions. Under the IRS ... more

05/29/07 SEC Grants Industrywide Relief from Confirmation Disclosure and Delivery Requirements

LawFlash/Client Alert | Securities Industry FYI
Securities Industry

On May 24, 2007, for the second time in less than four weeks, the SEC granted an industrywide exemption relief from the confirmation delivery requirements of Rule 10b-10 under the Securities Exchange Act of 193... more

05/24/07 SEC Proposes Several Significant Changes to Offering and Reporting Rules

LawFlash/Client Alert | Business and Finance LawFlash
Justin Chairman, Stephen Farrell, David Sirignano, Howard Kenny

At its public meeting on May 23, 2007, the Securities and Exchange Commission announced several far-reaching proposals that, if adopted , would simplify private placements and resales of unregistered securities,... more

05/15/07 SEC Files with D.C. Circuit to Seek Four-Month Stay of Implementation of Fee-Based Brokerage Ruling

LawFlash/Client Alert | Securities Industry FYI
Securities Industry

On May 14, 2007, the SEC announced that it filed a motion with the D.C. Circuit to stay, for 120 days, its ruling vacating Rule 202(a)(11)-1. Absent the stay, the court’s mandate would have issued in the next s... more

05/03/07 NASD Announces Move to Electronic Processing of New Membership Applications for Broker-Dealers

LawFlash/Client Alert | Securities Industry FYI
Securities Industry

Recently, the NASD issued Notice to Members (NTM) 0720 regarding electronic filing of new membership applications. Specifically, NTM 0720 states that, effective May 31, 2007, recently approved amendments to the... more

05/02/07 SEC Grants Industrywide Exemption from Confirmation Delivery Requirements for Internally Managed, Discretionary Programs

LawFlash/Client Alert | Securities Industry FYI
Securities Industry

On April 30, 2007, the SEC granted an industrywide exemption from the confirmation delivery requirements of Rule 10b10 under the Securities Exchange Act of 1934 to all dually registered brokerdealers and investment advisers ... more

2007 2007 Hedge Fund Deskbook

Book | Morgan Lewis Deskbook

04/06/07 Implications of the D.C. Circuit’s Decision Vacating Rule 202(a)(11)-1

LawFlash/Client Alert | Securities Industry FYI
Securities Industry

As widely reported, on March 30, 2007, a divided panel of the U.S. Court of Appeals for the D.C. Circuit vacated Rule 202(a)(11)1 under the Investment Advisers Act of 1940 (Advisers Act). The Financial Planning Associati... more

03/30/07 The New York Court of Appeals Rules That an Employer’s Statements on an NASD Form U-5 Are Protected by an Absolute Privilege in Defamation Lawsuits

LawFlash/Client Alert | Securities LawFlash
Securities Industry

On March 29, 2007, the New York Court of Appeals held in Rosenberg v. MetLife, Inc. , USCOA, 2 No. 23 (Mar. 29, 2007), that an employer’s statements on an NASD employee termination notice (Form U-5) are protected by an... more

03/27/07 Investment Adviser Rules – From the Broker-Dealer’s Perspective, presented to SIFMA-CL

Presentation | Speech
Steven Stone

03/23/07 Interagency Proposal for Model Privacy Form Under the Gramm-Leach-Bliley Act

LawFlash/Client Alert | Securities Industry FYI
Securities Industry

On March 20, 2007, eight federal regulators (the Board of Governors of the Federal Reserve System, the Commodity Futures Trading Commission, the Federal Deposit Insurance Corporation, the Federal Trade Commission, the Nation... more

03/16/07 U.S. Patent and Trademark Office Issues Notice on Patent Applications Containing Nucleotide Sequences

LawFlash/Client Alert | Intellectual Property LawFlash
Intellectual Property

On March 12, 2007, the U.S. Patent and Trademark Office posted a notice on restriction requirements in patent applications containing nucleotide sequences. The 2007 Notice rescinds a 1996 Notice on the subject and is eff... more

03/13/07 SEC Issues Proposal to Amend Financial Responsibility Rules for Broker-Dealers

LawFlash/Client Alert | Securities Industry FYI
Securities Industry

On March 9, 2007, the SEC issued a proposal to amend numerous aspects of its financial responsibility rules for broker-dealers, including the following rules under the Securities Exchange Act of 1934: Rule 15c3-1 (the net ca... more

January 2007 2006 In Review: SEC, NASD, and NYSE Regulation: Selected Enforcement Cases and Developments Regarding Broker-Dealers

White Paper | Morgan Lewis White Paper
John Shin, Ben Indek, Joshua Blackman

This White Paper focuses on selected U.S. Securities and Exchange Commission (SEC), NASD, and NYSE Regulation cases and developments in 2006 regarding broker-dealers. The number of disciplinary actions against broker-dea... more

01/08/07 SEC Issues Final Rules Providing Smaller and Newly Public Companies Additional Time to Comply with Section 404

LawFlash/Client Alert | Business and Finance LawFlash
Stephen Farrell, David Sirignano, Howard Kenny

In December 2006, the Securities and Exchange Commission (SEC) approved extensions of some of the scheduled compliance dates for Section 404 of the Sarbanes-Oxley Act of 2002. The final action conforms to the proposed ex... more

10/16/06 Supervisory Control Procedures: The Compliance Deadline was only the Beginning, presented at the BD Week Fall Compliance Conference, Washington, D.C.

Presentation | Speech
Beth Kiesewetter

08/15/06 The Financial Services Authority's Enforcement Procedures in the United Kingdom

White Paper | Morgan Lewis White Paper
Jon Gerty, Robert Falkner

The Financial Services and Markets Act 2000 (“FSMA”) gives the FSA significant powers to impose a variety of sanctions on firms and individuals for breaches of rules under FSMA and other legislation. The FSA can publicly... more

08/15/06 The Financial Services Authority's Market Abuse Regime in the United Kingdom

White Paper | Morgan Lewis White Paper
Jon Gerty, Robert Falkner

On 1 July 2005, the Financial Services and Markets Act 2000 (Market Abuse) Regulation 2005 (the “Regulations”) came into force in order to implement the EC Directive on Insider Dealing and Market Manipulation (Market Abuse) ... more

08/14/06 SEC to Provide Smaller and Newly Public Companies Additional Time to Comply with Section 404

LawFlash/Client Alert | Business and Finance LawFlash
Business and Finance

The Securities and Exchange Commission (SEC) issued two releases on August 9, 2006 that will extend some of the scheduled compliance dates for Section 404 of the Sarbanes-Oxley Act of 2002. Section 404 requires... more

08/10/06 NASDAQ: Now a National Securities Exchange

LawFlash/Client Alert | Business and Finance LawFlash
Business and Finance

On August 1, the NASDAQ Stock Market became a registered national securities exchange? formerly, as a subsidiary of the National Association of Securities Dealers (NASD), it had been operating an inter-dealer quotations syst... more

06/19/06 In Securities Deals, Plan for the Regulators: Know the rules and avoid delay. Legal Times

Outside Publications | Article
Beth Kiesewetter, John Ayanian, Monica Parry, Stephen Cohen

05/01/06 BD Hot Buttons, presented at the NSCP 2006 East Coast Regional Meeting, New York

Presentation | Speech
Ben Indek

May 2006 Regulatory and Operational Issues for US Advisers Investing Overseas, The Investment Lawyer

Outside Publications | Article
Steven Stone

03/22/06 Document Retention Standards - Building Your Model, presented at the SIA C&L 2006 Annual Seminar, Hollywood, FL

Presentation | Speech
Ben Indek

03/08/06 Best Practices of Very Small Firms, presented at the NASD Small Firm Conference, New York

Presentation | Speech
Ben Indek

03/02/06 SEC Proposes Amendments to Redemption Fee Rule

LawFlash/Client Alert | Securities Industry FYI
Securities Industry

On February 28, the Securities and Exchange Commission (SEC) proposed amendments to Rule 22c-2 under the Investment Company Act of 1940. In addition to permitting mutual funds to charge redemption fees, Rule 22c-2 provid... more

12/15/05 Changes to the 10-K and 10-Q Filing Deadlines

LawFlash/Client Alert | Securities LawFlash
Securities Industry

On December 14, 2005 the Securities and Exchange Commission changed the filing deadlines for quarterly and annual reports for domestic public companies and, in a related action, adopted a new definition of a “large acce... more

10/26/05 Investment Adviser Advertising, presented at the Investment Adviser Association's Compliance Workshop

Presentation | Speech
Steven Stone

10/26/05 Role of Advisers in Client Class-Action Claims, presented at the Investment Adviser Association's Compliance Workshop

Presentation | Speech
Steven Stone

10/26/05 Soft Dollar Developments, presented at the Investment Adviser Association's Compliance Workshop

Presentation | Speech
Steven Stone

10/25/05 Developing and Vetting New Products, presented at the NSCP National Membership Meeting, Alexandria, VA

Presentation | Speech
John Ayanian

10/25/05 Investment Adviser Conflicts of Interest, presented at the NSCP National Membership Meeting, Alexandria, VA

Presentation | Speech
Steven Stone

10/24/05 2005 Industry Overview "What's New and Hot?" presented at The 2005 NSCP National Meeting, Alexandria, VA

Presentation | Speech
Ben Indek

10/18/05 Coping with the New SEC Rules Extending Adviser Registration to Brokers Providing Advice, presented at the NRS 20th Annual Fall Compliance Conference, Miami Beach, FL

Presentation | Speech
Steven Stone

October 2005 The New York Stock Exchange and Cooperation — Another Precinct Heard From

White Paper | Morgan Lewis White Paper
Ben Indek, Christian Mixter, E. Andrew Southerling

Following in the footsteps of the Securities and Exchange Commission (“SEC”) and the Department of Justice (“DOJ”), on September 14, 2005, the New York Stock Exchange (“the NYSE” or “the Exchange”) issued Information Memo... more

October 2005 The Role of Investment Advisers in Client Class Action Claims, The Investment Lawyer

Outside Publications | Article
Steven Stone, Ryan Helmrich

09/30/05 Second Circuit Holds That Antitrust Laws Apply to Underwriter Syndicates

LawFlash/Client Alert | Securities Industry FYI
Securities Industry

The Second Circuit Court of Appeals in New York decided on Wednesday that antitrust laws apply to underwriter syndicates.

The plaintiffs in the IPO case allege that the defendants, prominent underwriter... more

09/22/05 Regulatory Examinations, presented at the San Francisco Regional Seminar for the Securities Industry Association Compliance and Legal Division

Presentation | Speech
John Hartigan

08/25/05 Recent Developments in Securities Litigation

LawFlash/Client Alert | Securities Industry FYI
Securities Industry Practice

This LawFlash is an overview of recent developments in securities litigation, including general developments, mutual fund proceedings, electronic discovery and email retention.

This LawFlash discuss... more

08/25/05 When Problems Are Discovered: How to Respond

Presentation | Speech
Michael Miguel, John Hartigan

08/10/05 Whistleblower Procedures Inconsistent with French, German Law?

LawFlash/Client Alert | Securities LawFlash
Business and Finance

Under the Sarbanes-Oxley Act of 2002, and related stock ex

Securities Industry Publications of Interest

Update - December 1, 2008

Hedge Fund Deskbook

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