Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 26 MAY 2015

BEWARE: Advice Isn't Just "Advice" Any More

Butler Snow LLP
Butler Snow LLP
Contributor
Butler Snow LLP

Butler Snow LLP

Some law firms promise client service. Butler Snow delivers on that promise. Surveys by respected...

View firm profile
Explore more from Butler Snow LLP

The MA Rule, as written, provides both opportunities and challenges for Issuers to consider.

United StatesFinance and Banking
Lucien Bourgeois
Lucien Bourgeois
Author LinkedIn connections

U.S. lawmakers enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act") in the wake of the 2008 financial crisis, which among other provisions, imposed registration requirements and a fiduciary duty on municipal advisors ("Municipal Advisors"). Following on the heels of the Dodd-Frank Act, the Securities and Exchange Commission ("SEC") and the Municipal Securities Rulemaking Board ("MSRB") enacted regulations, including the municipal advisor rule ("MA Rule"). The MA Rule requires financial advisors and broker-dealers (those firms serving as underwriter, financial advisor or both) ("Underwriters") who advise municipal entities ("Issuers") (state and local governments and other political subdivisions within a state) to register as Municipal Advisors with the SEC. According to the MA Rule, advice "...includes, without limitation, a recommendation that is particularized to the specific needs, objectives, or circumstances of a municipal

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

SEC Advances “Responsible Retailization” Through A Potential Accredited Investor Exam And Potential Regulated Fund Reforms

On September 30, 2026, the Securities and Exchange Commission (SEC) issued two rule proposals and five notices aimed at expanding investors’ access to private markets. The package would add ways to qualify as an accredited investor, including passing a new exam administered by the Financial Industry Regulatory Authority (FINRA), broaden performance-based compensation and modernize regulated funds, including interval funds and business development companies (BDCs).
United StatesFinance and Banking
Proskauer Rose LLP
Proskauer Rose LLP
Article

SEC Proposes Rule Amendments To Expand Retail Access To Private Markets

The SEC has proposed sweeping amendments to expand retail investor access to private market strategies, including changes to performance-based compensation rules for registered investment advisers and modernization of the interval fund framework. The proposals also explore new credential-based pathways for individuals to qualify as accredited investors, potentially opening private offerings to a broader pool of eligible participants.
United StatesFinance and Banking
Duane Morris LLP
Duane Morris LLP
Article

SEC Approves FINRA’s New “Outside Activities” Rule

The Securities and Exchange Commission has approved FINRA Rule 3290, which will replace existing rules governing outside business activities and private securities transactions for registered persons. This new rule narrows the scope to focus on investment-related activities while maintaining similar supervisory obligations for member firms. Understanding the key changes and implementation requirements will be critical for broker-dealers as they update their compliance policies and procedures.
United StatesFinance and Banking
WilmerHale
WilmerHale
Article

New NYSE Delisting Rules: What Microcap Companies Need To Know About The $0.25 Minimum Trading Price

The SEC has approved new NYSE and NYSE American listing rules establishing a $0.25 minimum trading price, effective July 1, 2027. A single closing price below this threshold triggers immediate trading suspension and delisting proceedings with no cure period. Companies trading at low share prices must act now during the transition period to implement reverse stock splits and establish monitoring procedures before this hard floor takes effect.
United StatesFinance and Banking
Bevilacqua
Bevilacqua
Article

The Financing Problem Behind the AI Infrastructure Boom: What Lenders and Sponsors Need to Watch

As AI infrastructure spending surges toward $697 billion in 2026, hyperscalers and compute providers are increasingly turning to debt, structured financing, and GPU-backed collateral to fund expansion. While demand projections remain bullish, a critical timing gap is emerging between capital deployment and cash flow generation, creating significant risks for lenders, sponsors, and operators across the ecosystem.
United StatesFinance and Banking
Riveron
Riveron
Article

Texas Data Center Policy: What Has Changed And What To Watch

Texas is ramping up oversight of data center projects as Governor Abbott's directive adds new review requirements to an already complex interconnection process. The policy debate now encompasses transmission infrastructure, water resources, tax incentives, and community impacts. With the 2027 legislative session approaching, stakeholders in Texas's booming data center industry face an evolving regulatory landscape that could fundamentally reshape how large-scale digital infrastructure projects are developed
United StatesEnergy and Natural Resources
Butler Snow LLP
Butler Snow LLP
Article

California Governor Signs Legislation Curtailing CIPA Website Claims

Businesses operating websites and mobile applications have faced a growing wave of lawsuits under the California Invasion of Privacy Act (CIPA), a 1967 statute enacted long before the modern internet. Plaintiffs increasingly argue that common website technologies—including cookies, pixels, and analytics tools—violate CIPA provisions originally aimed at wiretapping, eavesdropping, and pen registers.
United StatesPrivacy
Butler Snow LLP
Butler Snow LLP
Article

TDEC Adopts Amendments To Its Aquatic Resource Alteration Permit (ARAP) Regulations Providing Clarity And Reducing Regulatory Barriers To Development In Tennessee.

Tennessee's Board of Water Quality, Oil and Gas has adopted significant amendments to the state's Aquatic Resource Alteration Permit rules, fundamentally changing how isolated wetlands are regulated following the Supreme Court's Sackett decision. The new regulations establish a tiered system for wetland alterations based on ecological quality, with streamlined permitting processes and expanded exemptions for certain construction activities. These changes promise to reduce regulatory burden on developers whi
United StatesEnvironment
Butler Snow LLP
Butler Snow LLP
Article

New Federal Policy Prohibits Certain Gain-of-Function Research And Restricts Certain International Projects

The U.S. government has released a sweeping new policy that prohibits federal funding for "dangerous gain-of-function research" and establishes unprecedented oversight requirements for life sciences research involving biological agents. Research institutions must now evaluate all proposed and ongoing federally funded projects against expanded risk criteria, implement new review structures, and monitor even non-federally funded research...
United StatesFood, Drugs, Healthcare, Life Sciences
Butler Snow LLP
Butler Snow LLP
Article

How OIG Used Data Analytics And Extrapolation In A $12.4 Million Hospital Audit

An HHS Office of Inspector General audit of Methodist Hospital in San Antonio reveals how a review of just 100 claims led to a $12.4 million overpayment recommendation through statistical extrapolation. The audit targeted specific high-risk billing areas including Inpatient Rehabilitation Facility claims, certain diagnosis-related groups, and outpatient billing patterns, uncovering documentation and coding compliance issues that hospital leadership should examine within their own Medicare claims.
United StatesAccounting and Audit
Butler Snow LLP
Butler Snow LLP
Article

NIH Proposes New Requirement To Share Study Results With Research Participants

The National Institutes of Health has issued a Request for Information on a draft policy that would mandate researchers share plain-language study results with clinical research participants. The proposed requirement would apply broadly to all NIH-supported clinical research and could create significant operational challenges for academic medical centers with large research portfolios. Public comments are due October 26, 2026, providing institutions an opportunity to address practical implementation concern
United StatesGovernment, Public Sector
Butler Snow LLP
Butler Snow LLP
Article

Governor Abbott Directs Review of Data Centers Seeking ERCOT Grid Connection

Governor Greg Abbott has directed Texas energy regulators to conduct a comprehensive verification and audit of data center projects in ERCOT's interconnection queue. With approximately 90 percent of the 474 gigawatts in connection requests tied to data centers, this directive aims to ensure all projects meet applicable requirements before advancing through the interconnection process.
United StatesEnergy and Natural Resources
Butler Snow LLP
Butler Snow LLP
Article

Montgomery v. Caribe Transport

The Supreme Court's unanimous decision in Montgomery v. Caribe Transport II, LLC has fundamentally altered the landscape for freight brokers facing negligent hiring claims. After years of conflicting court decisions on whether federal law shields brokers from state tort liability, the nation's highest court has definitively ruled that such claims fall within the FAAAA's safety exception and are not preempted.
United StatesLitigation, Mediation & Arbitration
Butler Snow LLP
Butler Snow LLP