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

While there are a lot of numbers, their meaning is not very clear. For example, one type of security-based-swap is a "swap," and another type is a "contract for difference," but there is no explanation of the difference between the two.  

It is notable that President Biden chose a securities/CFTC lawyer to head a major banking agency.

Much of the substance of the FICC proposals is simply a reiteration of SEA ; (i.e., stating the transactions to which the clearing mandate applied and the counterparties that would be exempt from the clearing mandate.)  

One point of clarification made in the proposing release is that a bank that is a FICC member is required to abide by the clearing mandate as to transactions entered into by every branch of the bank; the bank can not take the position that only certain…

Currently, FINRA and a number of State regulators expect financial intermediaries to take measures to delay transactions ordered by elderly account holders if the intermediaries have reason to believe that the transactions are the result of trickery or pressure. However, in many cases, there is no clear legal authority for the intermediaries to fail to execute the account holders' instructions. Accordingly, if there is agreement that such delays are beneficial in protecting elderly account…