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

Commissioner Stein's underlying preference for more regulation is the common thread throughout her remarks. It is implicit in, for example, her comments as to the private/public market divide, where she questions the "hype" that surrounds private companies. Her questions always point in the same predictable direction: where can we impose more regulation? Can we impose it on ETFs? Can we impose it on swap dealers, on trading markets, on capital raising?

Regulators should…

Investor Advocate Fleming's conclusion is based on the premise that investors benefit from higher listing standards, i.e., an organized market in which there are fewer securities available to trade. For Mr. Fleming to support this negative conclusion, he should be able to demonstrate that the securities that the NYSE has not allowed to list as a result of the new standards have: (i) been the subject of a disproportionate amount of internal fraud, (ii) materially…

Chair White recognizes that the SEC imposes requirements that go beyond disclosure and makes a fair point that the SEC needs more tools. That said, it is important to question both the work that the SEC has done with the tools that it has, and who actually benefits from use of these tools. As to , these proposals have been sharply criticized by the Investment Company Institute as increasing risk for investors. As to the rules regarding resource extraction, it would be hard to…

Isn't issuing so many temporary extensions a lot of work? Why not just issue an extension of indefinite length and specify that the CFTC may withdraw the relief after a given number of months' prior notice?