FINRA has filed a proposed rule change to amend FINRA Rule 3220 (Influencing or Rewarding Employees of Others). The change will increase the gift limit from $100 to $300 per person per year. It will also provide for exemptive relief and incorporate existing guidance and interpretive letters. The proposed rule […]
Tag: Securities Lawyer
IPO Mandatory Arbitration Back in the News
One of the most consequential developments in securities litigation has been the SEC’s shift toward permitting companies to issue stock conditioned on mandatory arbitration of investor disputes. If broadly adopted, this approach could fundamentally reshape the enforcement landscape. It provides issuers with a powerful mechanism to sidestep class actions. At […]
SEC Charges Canadian Citizen With Fraud Targeting Retail Investors on Discord
SEC Enforcement Action Targets Discord-Based Investment Fraud The SEC charged Canadian citizen Nathan Gauvin and three related entities with orchestrating fraudulent investment schemes that targeted retail investors across the United States and abroad. According to the SEC’s complaint, Gauvin used Discord servers and other online communications to promote false investment […]
SEC to Host Webinar for Transfer Agents on Regulation S-P
The Securities and Exchange Commission today announced it will hold the second in its series of compliance outreach events regarding the 2024 adoption of amendments to Regulation S-P. The event, for transfer agents, is a webinar scheduled for December 17 from 1 p.m. to 2 p.m. ET. The third event […]
What the SEC’s 2026 Examination Priorities Mean for Investment Advisers
Every year the SEC publishes its Examination Priorities for the coming year. We reviewed those priorities with a focus on SEC Examinations for Advisers, with a view towards where examiners will be spending their time—and where advisory firms should be concentrating their compliance resources. See the full FY 2026 Exam […]
What Triggers an SEC Investigation
The SEC’s enforcement division investigates potential violations of securities laws and regulations. Several triggers can lead to an SEC investigation: Tips and Complaints: The SEC often receives tips and complaints from whistleblowers, investors, industry insiders, or the public. If these tips suggest potential securities law violations, the SEC may investigate. Market […]
Tips for a Successful Securities Mediation
Securities arbitration is a proven method for resolving disputes in the securities industry. It is a quicker and more cost-effective alternative to traditional court proceedings. With increasing frequency, investors and advisors are turning to mediation to make the process even more effective. Mediation is a form of alternative dispute resolution […]
Should Brokers and Firms Share a Lawyer?
By Mark J. Astarita, Esq. A repeating question on my website comes from brokers who are named in an arbitration proceeding by a customer, and whose firm offers to provide an attorney to represent both the broker and the firm. The question is always, do I need my own attorney? […]
SEC Continues Efforts to Assist Market Participants During Implementation of Treasury Clearing Rules
The SEC has increased its support for broker-dealers and other market participants navigating the transition to mandatory central clearing of U.S. Treasury securities. The Commission launched a dedicated “one-stop” webpage providing up-to-date information, staff statements, regulatory materials and answers to frequently asked questions. (SEC) Background to the Treasury Clearing Rule […]
Time to Update the SEC’s Wells Process
We have written about the SEC’s Wells process in the past. A Wells Notice is a notice from a regulator that it intends to bring enforcement proceeding against the recipient, and offering the opportunity to argue against those charges. In my article Responding to a Wells Notice, I examined the […]












