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FINRA Withdraws Its Proposed Expungement Rule Changes

By Jonah A. Toleno, Partner of Shustak Reynolds & Partners, P.C. posted on Tuesday, August 24, 2021.

FINRA proposed a change to its expungement rules in the Fall of 2020, seeking to alter certain aspects of the expungement process, including substantially shortening the time limit for a registered representative to seek expungement of customer-related disclosures and allowing expungement to be granted only by a three-person panel (previously a single arbitrator could order expungement). [...] Read More

Change to Definition of “Qualified Client” Takes Effect

By Robert D. Conca, Partner of Shustak Reynolds & Partners, P.C. posted on Tuesday, August 17, 2021.

Investor sophistication standards are critical for hedge funds, private equity funds and other advisory firms that use performance-based compensation agreements. The “accredited investor” standard is the most familiar, but the “qualified client” standard is more important when a firm charges a fee based on investment profits. [...] Read More

SEC’s Order and Dissent Highlights Uncertain Regulatory Environment for Digital Assets

By Robert R. Boeche, Partner & Andrew Steiger, Law Clerk of Shustak Reynolds & Partners, P.C. posted on Tuesday, August 3, 2021.

In a recent administrative proceeding before the Securities and Exchange Commission, crypto firm Blotics, Ltd., also known as Coinschedule.com, drew civil penalties for violating federal securities laws. On July 14, 2021, the SEC ordered Coinschedule to disgorge its profits earned from touting digital assets on its platform without disclosing its profit motive to potential investors. [...] Read More

SEC Fines 27 Investment Advisers for Form CRS Issues

By Robert D. Conca, Partner of Shustak Reynolds & Partners, P.C. posted on Wednesday, July 28, 2021.

The SEC’s Division of Enforcement announced action against a whopping 27 investment advisers in connection with issues relating to the filing and distribution of Form CRS. According to the SEC announcement, the 27 investment advisers failed to timely file (even after being notified by the SEC to do so) and deliver their Form CRS documents to clients [...] Read More

Expected Presidential Order Likely to Limit Use Of Non-Compete Agreements And The Potential Impact On Broker Transitions

By Erwin J. Shustak, Managing Partner of Shustak Reynolds & Partners, P.C. posted on Friday, July 9, 2021.

On Wednesday July 7th, the White House announced President Biden intends to issue a Presidential Executive Order limiting the use of noncompete agreements in employment situations. While this anticipated Order will impact a broad swath of industries, it may have significant, potential consequences for the financial services/brokerage industry. [...] Read More

New NASAA Model Rule on Investment Adviser Representative Continuing Education

By Robert R. Boeche, Partner of Shustak Reynolds & Partners, P.C. posted on Tuesday, December 21, 2021.

On January 1, 2022, certain US States will begin imposing new continuing education (“CE”) requirements for Investment Adviser Representatives (“IARs”) registered and doing business in those states. [...] Read More

Ransomware is Out There: Are Your Compliance Policies and Procedures Ready?

By Robert D. Conca, Partner of Shustak Reynolds & Partners, P.C. posted on Thursday, June 3, 2021.

Ransomware has emerged as the hack-du-jour and seems to be happening with more and more frequency. On June 7, 2021, the Department of Justice announced the recovery of $2.3 Million in cryptocurrency that was paid in connection with a May 8, 2021 ransomware attack. [...] Read More

Legal Considerations When Investing in NFTs

By Joseph M. Mellano, Associate Attorney of Shustak Reynolds & Partners, P.C. posted on Thursday, June 3, 2021.

Recent developments in blockchain technology have made it possible to own verifiable, digital “prints” of media properties. Transactions involving these speculative, emerging assets implicate various laws and raise novel legal questions. [...] Read More

NDAA Codifies Equitable Remedies and Expands Disgorgement Statute of Limitations

By Robert R. Boeche, Partner and Emily Manzer, Law Clerk of Shustak Reynolds & Partners, P.C. posted on Tuesday, May 25, 2021.

On January 1, 2021, Congress passed H.R. 6395 National Defense Authorization Act for Fiscal Year 2021 (NDAA). While the act covers various issues, Section 6501 amends portions of the Securities Exchange Act of 1934 (Exchange Act) regarding disgorgement and equitable remedies. [...] Read More

Partner Erwin Shustak's Webinar on Non-Retained Experts and Privilege

By Erwin J. Shustak, Partner of Shustak Reynolds & Partners, P.C. posted on Friday, May 21, 2021.

After an initial, Covid-induced lull, advisor transitions began picking up steam in late 2020 and now have reached record pace. [...] Read More