Partner
Norton Rose Fulbright US LLP
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
The issues raised by the Senators on the application of the Federal Power Act to index funds' activities overlap with securities law: What does it mean to be "passive"? SEC Commissioner Hester Peirce previously that advisers to index funds should not actively vote those shares, but should instead vote along with management. There may be other solutions as well, (see suggesting passive investors vote pro rata with all other investors). The Commissioner's proposal would seem to be…
Given that the Biden Administration has been hostile to digital assets, it is a virtual certainty that Secretary Yellen and the Treasury Department will assert that there are material problems with the Discussion Draft, which was been sponsored by members of the Republican Party. SEC Chair Gensler will likely conclude that existing laws are adequate to the regulation of digital assets and that the Discussion Draft is not needed.
The most significant bill on the list might be the Bank Safety Act, which would seemingly require banks to recognize non-trading losses in their capital computations. This would provide a much clearer signal to the market when a bank is in trouble, which seems only fair if shareholders will be expected to bear the losses from bank failures.
While it may seem, on a surface level, that easing proxy requirements facilitates "democracy," a good number of proxies on political issues are advanced by holders whose goals are adverse to the interests of the company, its shareholders, employees and customers. In many cases, they may hope to obtain a compromise by threatening a public fight that damages the company's reputation. When these activists achieve their desired political goal, they then sell their stock and move on, as the goal…