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 metaverse would lack any semblance of reality if it were not fully regulated.  

Compliance officers should promptly consider how to build the new requirements into their existing procedures, including obtaining periodic representations from registered persons on their credit relationships, and reviewing the process for approving or disapproving any new or amended credit relationships.  

Firms may also want to consider whether their revised processes should include questions that go beyond borrowing and lending, for example, asking whether a registered…

Chair Gensler generally equates more regulation with progress.  

Take, for example, Mr. Gensler's comments on the new rules on short selling and securities borrowing. No doubt, these rules will result in more data. But the information provided is not "free." Instead of information that was obtainable through paid subscriptions, the government is now mandating a massively expensive information collection project to be "paid for" by all market participants. One may reasonably guess…

SEC Commissioner Peirce proposed that advisers to passive funds be required to vote with management, given that the entire concept of passive funds is to follow the market, not make investment decisions or provide direction. This concept is consistent with the CFPB Chair's comments.  

Another similar approach would be to require that advisers to passive funds be deemed to vote proportionately to all investors, as requiring them to vote along side management could effectively…