Will You Need to Register as a “CTA” in the New Year?
On February 9, 2012, the Commodity Futures Trading Commission (“CFTC”) issued “Final Rules” rescinding or amending certain exclusions and exemptions to registration as a commodity trading advisor (“CTA”); as well as expanding the definition of who is a CTA. Some … Read More
Upcoming U.S. Supreme Court Hearing on Statute of Limitations to Have Broad Ramifications
The U.S. Supreme Court recently decided to take up the case of SEC vs. Marc Gabelli and Bruce Alpert. At issue, in this case, is whether the SEC’s five-year statute of limitations to bring civil enforcement actions (cases where the … Read More
“Cloud-Based” File Sharing Gaining Momentum
According to a poll released this month by “DataMotion,” whereby more than 200 IT and business decision-makers across the U.S. and Canada were questioned about their corporate email and file transfer habits as they relate to the personal information of … Read More
SEC Announces Additional Delay on General Solicitation Rule Change
On Friday, August 17, 2012, it was reported that, in response to heavy criticism, the SEC would backtrack on its earlier plans to issue an interim rule lifting the ban on general solicitation and advertising of public offerings required by … Read More
Failing To Provide Records To SEC Examiners Can Lead To Severe Charges
While examining a mutual fund that Peak Wealth Opportunities LLC advised, SEC examiners requested David W. Dube and Peak Wealth produce certain records to the SEC. Mr. Dube owns Peak Capital and its subsidiary businesses. Mr. Dube serves as the … Read More
DOL Inquiry Focuses on Financial Advisers at Breach under ERISA
The Department of Labor has brought an inquiry whether JPMorgan Chase & Co. committed a fiduciary breach under the Employee Retirement Income Security Act of 1974. The inquiry is related to a stable-value fund and could target financial advisors. The … Read More