Kyle D. Whitehead advises US and non-US broker-dealers, investment advisers, and other market participants on a wide range of regulatory matters involving federal and state securities laws as well as US Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA), and other self-regulatory organization (SRO) rules and regulations. Kyle also represents clients in mergers, acquisitions, and other change-of-control transactions involving broker-dealers. His clients range from prominent global financial institutions to startup ventures and fintech companies.
Kyle’s practice includes advising clients on broker, dealer, and associated person status and registration, including the Rule 3a4-1 safe harbor, cross-border issues and Rule 15a-6, the dealer-trader distinction, and related SEC staff no-action relief. He also advises on FINRA and state qualification exams and fingerprinting, as well as sales practice and marketing issues, including in connection with Regulation Best Interest and Form CRS, fund distribution, private placements, and digital communications and social media. Kyle handles matters involving trading and market structure issues, including best execution, payment for order flow, Regulation NMS, Regulation ATS, the market access rule, and clearing arrangements; supervisory and compliance structures, including automation and outsourcing; self-reporting under Rule 4530 and Form BD, U4, and U5 disclosures; electronic recordkeeping and WORM; and FINRA materiality consultations and membership applications.
As part of his practice, Kyle regularly assists clients in examination and enforcement matters. He also applies his experience in complex, high-profile transactional matters often involving institutional investors and private equity fund investments in broker-dealers and investment advisers. This includes representing clients in broker-dealer due diligence efforts and before FINRA and state securities regulators.
Kyle worked at Merrill Lynch and LPL Financial prior to law school and held the Series 7, 66, 24, and 4 securities registrations. He also worked with the SEC Division of Enforcement’s Market Abuse Unit during law school.
The George Washington University Law School, 2013, J.D., With Honors
University of Virginia, 2004, B.A.
District of Columbia
Awards and Affiliations
Member, Best ETF Law Firm, ETF Express US Awards (2021, 2022)
Member, Practice Group of the Year, Asset Management, Law360 (2017)
Member, ABA Business Law Section Committee on Federal Regulation of Securities
Member, George Washington University International Law Review (2011–2013)