PROMINENT FINANCIAL AND REGULATORY COUNSELORS

Financial Services & Regulatory

The complex regulations in the securities, futures, and financial industries are under continuous transformation. In order to remain compliant, respond to emerging regulatory requirements, and avoid regulatory scrutiny and reputational risk, businesses in these industries require proficient legal counsel with historic perception, depth and currency of knowledge, and a dedicated commitment to tracking with the industry’s evolution.

Lawrence Kamin cemented its position as an industry leader serving these industries after the stock market crash of 1929. Our firm offers unparalleled capabilities as one of the few law firms with the requisite experience and knowledge necessary to effectively represent institutions, businesses and individuals navigating complex regulatory issues. Our attorneys counsel clients in various regulatory contexts, from registration, to capital raising, to setting up, maintaining, selling, and winding down their businesses. We also counsel our clients on compliance matters and assist in responding to regulatory inquiries, investigations, and enforcement proceedings. We have a nuanced understanding of the regulators and the regulatory environment governing a variety of different entities and individuals.

Securities Firms and Individuals:

  • Broker Dealers (BDs)
  • Registered Investment Advisers (RIAs), including open-end funds
  • Exempt Reporting Advisers (ERAs), including private funds
  • State-Registered Advisers
  • Dual-Registrants
  • Individuals associated with, or registered with, one firm or several

Futures and Commodity Firms and Individuals:

  • Futures Commission Merchants (FCMs)
  • Futures Introducing Brokers (IBs)
  • Commodity Trading Advisers (CTAs)
  • Commodity Pool Operators (CPOs)
  • Proprietary Trading Firms
  • Individual electronic and floor traders

Our attorneys participate in the organizations that monitor and inform the evolution of the regulatory environment and keep an open line of communication with regulators themselves. Lawrence Kamin attorneys are often asked to speak or write about topics of interest to the industry, and we actively participate in the Securities Industry and Financial Markets Association (SIFMA), the National Society of Compliance Professionals (NSCP), the Futures Industry Association (FIA), the American Bar Association (ABA) Subcommittee on the State Regulation of Securities, and the Chicago Bar Association (CBA) Securities Law Committee.

Whether a client is forming a new financial firm, reviewing internal procedures, responding to a regulatory inquiry or arbitration, or contemplating a purchase or sale, Lawrence Kamin’s diversified practice groups have the experience necessary to help navigate the necessary steps and feel confident in the process.

 

Recent Enforcement Orders Remind FCMs: Train Your Brokers on Post- Execution Allocation Rules.
With the Imminent Rollout of the New AML Rules, Compliance Training is Key
Equity Indexed and Variable Annuities: What are the Limitations of a State Securities Regulator’s Authority Over Their Sales Practices? (The ABA Blue Sky Bugle Newsletter, March 2018)
SEC Amends Financial Responsibility Rules, Customer Asset Protection, the Early Notification Rule and the Books & Records Rules for Broker-Dealers
MF Global: A Comparison of the Trustee’s Report Recommendations and the House Staff’s Report Recommendations in Futures & Derivatives Law Report (February 2013. Volume 33. Issue 2)
Outside Business Activity*, Practical Compliance and Risk Management for the Securities Industry
When Does A Broker-Dealer Become an Investment Adviser?
Recent Net Capital Increases for FCMs and IBs, Futures & Derivatives Law Report
Clearing Arrangement for Introducing Broker-Dealers, Chapter 17A, Broker-Dealer Regulation
Registration and Compliance Issues Facing Foreign Broker Dealers
Outside Business Activity (Part 3 of 3)
Outside Business Activity (Part 2 of 3)
Outside Business Activity (Part 1 of 3)
National Society of Compliance Professionals: Outside Business Activity
Thoughtful Analysis – Key to Successful Compliance a Primer for New Compliance Officers
Uniform Definition of Branch Office Explained and Clarified in New FINRA and NYSE Releases
Bankruptcy Judge Preliminarily Holds REFCO’s Unregulated Unit to be a “Stockbroker” for Purposes of the Bankruptcy Code
Critical Elements of an Effective Supervisory Structure, Securities & Commodities Regulation
Key Points for Introducing Broker-Dealers to Understand in Connection With Clearing Arrangements, NRS Fall Compliance Conference – NSCP Currents, May/June 2005
Impact on Broker-Dealers From the New SEC Rule Narrowing the Exemption for Broker-Dealers From the Investment Advisers Act, NSCP Currents, May/June 2005
Who is a Proprietary Trader 2004?, Futures & Derivatives Law Report
Broker-Dealer Supervision of Branch and Remote Offices
A Trap for the Unwary Attorney SEC Rule 13b2-2: Improper Influence on Conduct of Audits, American Bar Association, Section of Litigation, Securities Litigation Committee, Securities Litigation, Vol. 15, No. 1, Fall 2004
Amendments to SEC Custody Rule 206(4)-2 Will Affect All Investment Advisers, NSCP Currents, Nov/Dec. 2003
Broker-Dealer Supervision and Surveillance, eMind, Oct. 2003
Personal Trading Policies and Procedures Including Insider Trading Rules, National Society of Compliance Professionals – National Membership Meeting, Fall 2003
Research Analyst Conflicts, National Society of Compliance Professionals – 2003 Midwest Regional Meeting
Broker-Dealer Compliance I, Futures Industry Association – Law & Compliance Division 25th Annual Workshop
Post-Enron Corporate Responsibility and Related Reforms: Part I – Outline of Sarbanes-Oxley Act of 2002: Impact on Broker-Dealers and Investment Advisors; Part II – Outline Guide to the Sarbanes-Oxley Act of 2002, National Regulatory Services Spring Compliance/Risk Management Conference
Security Futures Two Years After the CFMA: An Assessment, Futures & Derivatives Law Report, Vol 23, No. 2
SEC Proposed Rule 13b2-2: Improper Influence on Conduct on Audits, American Bar Association Regulation of Futures and Derivatives Instruments Committee Meeting
Conflicts Regarding Research Recommendations, National Regulatory Services Fall Compliance Conference Sept. 2002
The Sarbanes-Oxley Act of 2002 Impact on Broker-Dealers, NSCP Currents
A Pool Too Big for a FCM or a Broker-Dealer, Futures & Derivatives Law Report, Vol. 22, No. 5
Investment Adviser Conflicts, NSCP Midwest Regional Meeting
Anti-Money Laundering Provisions for Broker-Dealers, The Review of Securities and Commodities Regulation, Vol. 35, No. 11
Security Futures-A New Frontier, The Review of Securities and Commodities Regulation, Vol. 35, No. 10
Capital, Customer Funds and Margin After the Commodity Futures Modernization Act of 2000, Futures & Derivatives Law Report, Vol. 21, No. 7
Managing Regulatory Investigations and Examinations for Cause, National Regulatory Service Fall Compliance Conference
Regulatory Examinations for Cause, National Society of Compliance Professionals Midwest Regional Meeting
Supervision of Branch Offices, OSJ’s and Offsite Brokers and Independent Contractors, National Regulatory Services Branch Office Compliance Practice Conference
Broker-Dealer Customer and Recruiting Disputes, Glasser LegalWorks, Broker Dealer Litigation
Who is a Proprietary Trader? A Changing and Rocky Landscape., Futures & Derivatives Law Report, Vol 20, No. 8
Securities Sites and Online Trading Become Regulatory Priorities, Journal of Taxation of Investments
Regulation of Electronic Communication, Execution and Delivery of Documents to Customers of Broker-Dealers, NSCP Currents
Regulation of Electronic Communication, Execution and Delivery of Documents to Customers of FCM/Bds, American Bar Association Annual Meeting, International Law Section Panel on Securities Transactions and Securities Markets in the Age of Cyberspace
When is an FCM, CTA or Pool a Securities Broker-Dealer, an Investment Adviser or an Investment Company Under the Securities Laws?, Futures & Derivatives Law Report
State and Federal Court Litigation Involving Futures and Derivatives, 8 Securities News, No. 2
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