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

Notably, the scheme did not involve commodity derivatives. The CFTC's enforcement action was based on the agency's authority to regulate improper conduct as to commodities.

Any enforcement action should be preceded by the adoption of very clear laws and rules governing the purported misconduct. With respect to the focus of the new Task Force, what are they? Further, the establishment of a special Task Force suggests that enforcement on purported environmental disclosure failures is a pervasive problem and as a result, a priority. Where is the evidence of that?

Hopefully, this Task Force does not result in the SEC attempting to "adopt" ESG disclosure…

While the GameStop run-up was unrelated to the receipt by retail brokers of payment for order flow, the fact that some of the brokers principally involved in executing GameStop trades received the bulk of their revenue through payment for order flow has focused attention on the business practice. See also .

All registered firms should review all parts of the report thoroughly, not just the parts specific to their registration status, as many of the themes cut across regulated entities. See also FINRA's .

Many of the numerous priorities are familiar; e.g., treatment of retail investors, adviser conflicts of interest, and custody. A number of the priorities are at least partially in response to the GameStop run-up and related focus on retail investment; e.g., payment for order flow.