Steven Lofchie is a Partner based in New York. He advises financial institutions and corporate clients on the securities laws and the Commodity Exchange Act, with particular focus on the regulation of broker-dealers, swap dealers, investment funds and other market intermediaries. Steven's transactional practice focuses on securities credit and derivative transactions.

Recent Articles & Comments

Beyond the concerns raised about the SEC rulemaking on climate disclosure, Mr. Huizenga suggested that many of the rules adopted by the SEC in recent years likely will be vacated by court action. This seems quite likely, not only if there is a change in Administration, but also because many of these rules have been adopted by a 3-2 vote, with the dissenting Commissioners objecting both to the substance of the adopted rules and to the rulemaking process.

Although the OCC's laundry list of considerations on system, process, and technological changes needed for the T+1 transition was prepared for national banks, it is useful for firms of all types, including broker-dealers and buy-side firms.  

It would be interesting to know how the CFPB determined that $3 could be an acceptable fee amount. Such a fee would require an assumption that no time of a bank employee is spent on overdrafts or else that the fee amount is not expected to cover the bank's costs.  

Will the end result of the rule proposal be to hit bank pocketbooks and benefit consumers (as the CFPB Director contends), or will the result be that banks are less willing to carry accounts that become subject to…

Following disclosure of the hack, House Financial Services Committee Chair Patrick McHenry wrote a letter to the SEC demanding an explanation for the breach. Directing his admonition to Chair Gensler, Mr. McHenry stated that "[t]his failure is unacceptable, and it is disturbing that your agency could not even meet the standard you require of private industry."

It is notable that in the SEC's response, Chair Gensler did not concede that additional security measures were necessary…