Monthly Archives: July 2018

California Adopts New Data Privacy Law

In late June, the California legislature adopted, and Governor Jerry Brown later signed into law, the California Consumer Privacy Act of 2018.  See website.  The new law was adopted shortly after the effectiveness of the EU’s General Data Protection Regulation (the “GDPR”), and in the wake of public outcry over data protection violations.  While it… Read more »

SEC Increases Thresholds for “Smaller Reporting Company”

On June 28, the Securities and Exchange Commission increased the thresholds for “smaller reporting companies” (“SRCs”) and made certain other amendments designed to enlarge the category.  See here. “SRCs” are the lowest category of reporting companies (large accelerated filers, accelerated filers, non-accelerated filers and SRCs).  They need file only two years of audited financial statements,… Read more »

FINRA Seeks Notification of Broker-Dealer Digital Asset Activity

On July 6, 2018, the Financial Industry Regulatory Authority (“FINRA”) issued Regulatory Notice 18-20 encouraging broker-dealers regulated by it to notify it if the broker-dealer or an affiliate currently engages, or intends to engage, in any activities related to digital assets.  FINRA says that this will assist it in monitoring developments in the digital asset… Read more »

Fifth Circuit Vacates DOL Fiduciary Rule

On June 21, 2018, the U.S. Fifth Circuit Court of Appeals vacated the U.S. Department of Labor’s (the “DOL”) fiduciary rule.  The rule would have made an advisor to an employee benefit plan or IRA an ERISA fiduciary if it renders most “investment advice” for compensation.  That brings at least for now an end to… Read more »

Supreme Court Raises Many Issues With Ruling on SEC Administrative Law Judges

On June 21, 2018, the Supreme Court decided Lucia v. Securities and Exchange Commission, in which it said by a 6-3 majority that the Securities and Exchange Commission’s (the “SEC”) Administrative Law Judges (the “ALJs”) must be chosen under the Appointments Clause of the Constitution by “Heads of Departments”, i.e., the SEC Commissioners.  The court… Read more »

SEC Reinforces Ban on Testimonial Marketing for Investment Advisers

In March 2014 the Securities and Exchange Commission (the “SEC”) issued guidance on the use by investment advisers and investment advisory representatives (together, “IAs”) in their marketing of testimonials (but not objective third-party articles) posted on social media.  Under Section 206(4) of the Investment Advisers Act (prohibiting fraudulent, deceptive or manipulative acts) and Rule 206(4)-1(a)(1) (finding testimonials… Read more »

U.K. Exit from E.U. Taking Shape Amid Political Confusion

On June 26, 2018, the United Kingdom adopted the European Union (Withdrawal) Act 2018 providing for a framework for “Brexit” under which E.U. law adopted in the U.K. would continue to apply during an implementation period and government minsters would have the power to adopt implementing rules.  The United Kingdom is currently to leave the European… Read more »