This is Part 2 of our post on important issues for broker-dealers during the extended transition period for the fiduciary exemptions. In Part 1, we discussed the need to develop written supervisory procedures under the Best Interest Contract Exemption (BICE) and the importance of engaging in – and being able to demonstrate – diligent and good faith efforts to comply with the exemptions.
Two other important issues are how to demonstrate compliance with the transition exemptions and the protections that are not afforded by the non-enforcement policy.
Continue reading “The Delay of the Fiduciary Exemptions: Now Is Not the Time to Relax (Part 2 of 2)”
The Department of Labor (DOL) has extended the current transition period for the DOL Fiduciary Rule exemptions in order to reexamine the rule and its exemptions to see if changes are warranted and to coordinate with other regulatory agencies. This pushes the end date from January 1, 2018 to July 1, 2019.
The extension does not change the requirements of the Fiduciary Rule or the transition period exemptions currently in effect. However, there are certain provisions of the Best Interest Contract Exemption, the Principal Transaction Exemption, and amendments to Prohibited Transaction Exemption 84-24 that are deferred.
So, does the extension mean you can relax? The simple answer is no.
We published a client alert that details what the extension means for plan service providers, and some essential steps they should take in the year ahead. Click here to read the alert.
On November 6, 2017, the Second Circuit clarified that plaintiffs do not need to provide an “event study” to demonstrate market efficiency at the class certification stage in putative class actions. Rather, courts will certify a putative class if plaintiffs can demonstrate sufficient indirect evidence of market efficiency. Waggoner v. Barclays PLC, No. 16-1912-cv (2d. Cir. Nov 6, 2017).
Continue reading “Second Circuit Makes Class Certification in Securities Cases Easier”
Will FINRA claims change in the wake of the June 9, 2017 DOL Fiduciary Duty Rule (the New Rule)?
While it does not presently have all of the bells and whistles the securities industry has been bracing itself for, it nonetheless places brokers and their broker-dealer employers servicing regular brokerage IRAs in the role of a fiduciary for these accounts. This changes the rule of law in most jurisdictions which previously only held a broker/broker-dealer to a suitability standard unless there were special circumstances. See De Kwiatkowski v. Bear, Stearns & Co., Inc., 306 F.3d 1293, 1302 (2d. Cir. 2002).
Continue reading “What Effect, if any, will the DOL Fiduciary Duty Rule have on FINRA Arbitrations?”