The North Carolina Supreme Court’s Piazza v. Kirkbride Decision Fails to Resolve Important Issues under State Securities Act

On May 10, 2019, the North Carolina Supreme Court issued its opinion in Piazza v. Kirkbride. See Piazza v. Kirkbride, 827 S.E.2d 479 (2019). The Court declined to resolve important issues under the North Carolina Securities Act, instead ruling that defendant Gregory Brannon had failed to properly preserve his challenge to the trial court’s jury instructions. In the trial court … Read More

FINRA Reminds Broker-Dealers and Investment Advisers to Comply with the SEC’s “Best Interest” Requirements

FINRA Reminds Broker-Dealers and Investment Advisers to Comply with the SEC’s “Best Interest” Requirements On June 5, 2019, the United States Securities and Exchange Commission issued Release No. 34-86031, titled Regulation Best Interest: The Broker-Dealer Standard of Conduct (“Regulation BI”), which provides for a best interest standard applicable to broker-dealers. The same day, the SEC issued Release No. IA-5248, titled … Read More

Andrew Whiteman Assists Securities Law Clinics with Amicus Brief Filing

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Andrew Whiteman Assists Securities Law Clinics with Amicus Brief Filing On April 19, 2019, Andrew Whiteman filed an amicus curiae brief in the United States Court of Appeals for the Fourth Circuit on behalf of three law school law clinics: University of Miami School of Law Investor Rights Clinic, Elizabeth Haub School of Law at Pace University Investor Rights Clinic, … Read More

FINRA Requires Brokerage Firms to Communicate with Customers when a Broker Leaves the Firm

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Ask questions if your broker leaves his firm. According to new regulatory guidance from the Financial Industry Regulatory Authority, known as FINRA, member firms are required to do the following: In the event of a registered representative’s departure, the member firm should promptly and clearly communicate to affected customers how their accounts will continue to be serviced; and The firm … Read More

Senators Warner and Kennedy Introduce Bill to Expand SEC Powers to Assist Investors

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On March 14, 2019, Senators Mark Warner (D-Va.) and John Kennedy (R-La.), both members of the Senate Banking Committee, introduced the Securities Fraud Enforcement and Investor Compensation Act. This legislation would give the Securities and Exchange Commission power to seek restitution for retail investors harmed by securities fraud scams. In many cases, fraudulent investment schemes are not detected for many years. … Read More

FINRA Extends Deadline for Firms to Self-Report Violations under its 529 Share Class Initiative

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FINRA has extended the deadline for firms to self-report violations under its 529 Plan Share Class Initiative. The Financial Industry Regulatory Authority (“FINRA”) announced on March 6, 2019, that it is extending the deadline for firms to self-report violations under FINRA’s 529 Plan Share Class Initiative to April 30, 2019. Participating firms must confirm their eligibility by submitting the additional … Read More