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  • Article

    SEC Approves FINRA Efforts To Protect Seniors And Other Vulnerable Persons

    The SEC recently approved an amendment to FINRA Rule 4512 that requires FINRA members to make reasonable efforts to obtain, from each customer for whom they maintain an account, specified information about a "trusted contact person."
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields
  • Article

    SEC Issues Cybersecurity Disclosure Guidance

    On February 21, the SEC published interpretive "Guidance" to help public operating companies prepare disclosures about cybersecurity risks and incidents.
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields
  • Article

    SEC Issues Guidance On Business Continuity Planning For Registered Investment Companies

    The Securities and Exchange Committee (SEC) staff published Guidance Update 2016-04, concerning business continuity plans regarding companies within a "fund complex."
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields
  • Article

    SEC Lightens Legal Load Of Mutual Fund Directors

    The SEC staff now says that mutual fund directors can rely on chief compliance officer certifications in determining compliance with board procedures required by SEC exemptive Rules 10f-3, 17a-7,
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields
  • Article

    SEC Proposes New Rule Impacting ETFs

    On June 28, the SEC proposed new rule 6c-11 to allow open-end exchange-traded funds that satisfy certain conditions to operate without obtaining an SEC exemptive order.
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields
  • Article

    SEC Stays Approval Of Quadruple-Leveraged ETF

    The SEC also gave the public until June 15, 2017, to provide additional comments.
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields
  • Article

    Will New Administration Speed VA Summary Prospectus?

    It has been more than nine years since the SEC proposed summary prospectuses for mutual funds and more than eight years since it adopted an authorizing rule.
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields
  • Article

    XBRL Amendments Have Limited Impact On Insurance Products

    On June 28, the SEC amended existing requirements for public operating companies and mutual funds regarding the use of eXtensible Business Reporting Language (XBRL) for financial statement
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields
  • Article

    Department Of Labor Rule Paves The Way For State-Run Retirement Plans

    On August 24, the United States Department of Labor (DOL) announced a final rule governing the exemption of state-run retirement plans from the Employee Retirement Income Security Act (ERISA).
    United StatesEmployment and HR
    Carlton Fields
    Carlton Fields
  • Article

    Executive Orders May Be Asking Too Much Of Regulators

    First, ERISA does not preempt state laws governing multiple employer health plans.
    United StatesEmployment and HR
    Carlton Fields
    Carlton Fields
  • Article

    Fifth Circuit Affirms Order Compelling Arbitration Against Non-Signatories Based On "Intertwined Claims" Estoppel

    A physician sued several healthcare entities for wrongful termination of employment, negligence, breach of contract, and tortious interference with at-will employment.
    United StatesEmployment and HR
    Carlton Fields
    Carlton Fields
  • Article

    Injunction Placing New Overtime Rule On Hold Affects Employers In Every Industry

    Late yesterday, a federal judge in Texas issued a nationwide injunction blocking the Department of Labor's new overtime rule, which was to take effect December 1, 2016.
    United StatesEmployment and HR
    Carlton Fields
    Carlton Fields
  • Article

    Supreme Court Grants Certiorari In Three Class Arbitration Waiver Cases Amidst Developing Federal Circuit Split

    The Supreme Court will hear argument on whether arbitration provisions in employment agreements which waive class actions are a violation of the National Labor Relations Act.
    United StatesEmployment and HR
    Carlton Fields
    Carlton Fields
  • Article

    The DOL's Fiduciary Rule: An Update And Practical Advice

    At least, plan sponsors should not make adjustments if they are currently using prudent practices.
    United StatesEmployment and HR
    Carlton Fields
    Carlton Fields
  • Article

    The Sixth Circuit Holds That Class Action Arbitration Waivers Are Prohibited Under The National Labor Relations Act

    The Sixth Circuit enforced a National Labor Relations Board's ("NLRB") order finding that Alternative Entertainment Inc., a Michigan-based satellite television retailer, violated the National Labor Relations Act...
    United StatesEmployment and HR
    Carlton Fields
    Carlton Fields
  • Article

    FINRA Targets Variable Annuity Practices

    FINRA's reported enforcement actions as to certain variable annuity practices increased in 2018.
    United StatesFinance and Banking
    Carlton Fields
    Carlton Fields
  • Article

    Following Cunningham, Pennsylvania District Court Finds Captive Reinsurance Putative Class Action Claims Are Time-Barred

    Plaintiffs in both suits alleged that this scheme (between the mortgagee and the PMI insurer) violated RESPA's anti-kickback and anti-fee splitting provisions between the mortgagee and the PMI insurer.
    United StatesFinance and Banking
    Carlton Fields
    Carlton Fields
  • Article

    SEC Staff Allows Brokers To Set Commissions For Mutual Fund "Clean Shares"

    The CG Letter effectively allows brokers to compete on commission rates for the sale of mutual funds, as they do for ETFs, subject to certain conditions.
    United StatesFinance and Banking
    Carlton Fields
    Carlton Fields
  • Article

    Special Purpose National Bank Charter For FINTECH Firms

    The office of the Comptroller of the Currency (OCC) published a draft supplement to its licensing manual, to define and tailor the requirements for FINTECH companies that apply for special purpose...
    United StatesFinance and Banking
    Carlton Fields
    Carlton Fields
  • Article

    The Impact Of The EU Requirement To ‘Unbundle' Research Costs

    A recent EU directive prohibits certain investment managers from receiving securities research whose cost is "bundled" together with broker-dealers' costs of effecting securities transactions...
    United StatesFinance and Banking
    Carlton Fields
    Carlton Fields

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