BY JAMES RATHZ Financial compliance is often perceived as an insular risk management process designed to keep the regulated firm and its employees in conformity with federal and state securities statutes. This certainly is an essential aspect of compliance, but thoughtful consideration will reveal that this regulatory comportment is not […]
Articles by: Business Law Journal
ORGANIC COMPLIANCE . . . DOING MORE WITH LESS
BY ELIZABETH HORRIGAN RATHZ The risk management capabilities of a financial services management team have always been a game changer for shareholders, clients, and employees. For regulated entities, timely and perceptive identification of regulatory and reputational risk contributes to improved productivity and a greater return on capital investment over the […]
A SURVEY OF REGULATIONS APPLICABLE TO INVESTMENT ADVISERS
BY JOSHUA E. BROADED When I joined the Securities and Exchange Commission in 2003 they asked me for a three-year commitment. I was told that it took at least a year for a new examiner to learn enough to become useful in the field, and the SEC wanted to lock […]
WASN’T MY BROKER ALWAYS LOOKING OUT FOR MY BEST INTERESTS? THE ROAD TO BECOME A FIDUCIARY
BY STEVEN D. IRWIN, SCOTT A. LANE, AND CAROLYN W. MENDELSON Recently, a call for public change has been heard for the brokerage business. Is it time for a broker to have the same legal duty to his or her client as the investment adviser? Many in society are unaware […]
Is it Time for the Restatement of Contracts, Fourth?
BY PETER A. ALCES AND CHRIS BYRNE With the failure of the Uniform Commercial Code (U.C.C.) Article 2 Revision project, it is time to consider whether it is time for the Restatement of Contracts, Fourth. The First Restatement of Contracts, largely the work of Samuel Williston, endeavored to formulate the […]
Amended Article 2: What Went Wrong?
BY WILLIAM H. HENNING This symposium issue explores two related questions: 1) Is the current version of Article 2 of the Uniform Commercial Code (U.C.C., or Code) satisfactory for dealing with modern sales-law issues; and 2) What problems are likely to arise as a result of amended Article 2’s failure […]
