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Nov 13, 2024 | 
fundboardviews.com | Jay G. Baris |Nathan J. Greene
The bottom line: In the near term, it’s not likely that the roles and activities of mutual fund directors will change much. There will be no pulling back from directors’ fiduciary duties and core oversight responsibilities. But we can expect to see a number of incremental changes that, when taken together over time, could significantly affect the regulatory landscape for funds and investment advisers, and thus fund directors indirectly.
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Apr 9, 2024 | 
lexology.com | Jay G. Baris
Click here to listen to the audioSEC Commissioner Hester M. Peirce sat down with Sidley partner Jay Baris to share her views on a wide range of topics concerning mutual funds and investment management. In this episode of the Mutual Fund Minute, Commissioner Peirce discusses the SEC’s proposed safeguarding rule, the Supreme Court’s Howey test, CCO liability and the future of crypto regulation, regulation of non-bank financial institutions, and the future of SEC regulation, among other issues.
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Mar 12, 2024 | 
lexology.com | Jay G. Baris
Click here to listen to the audioSEC Commissioner Hester M. Peirce met with Sidley partner Jay Baris in Washington, D.C. to share her views on a wide range of topics concerning mutual funds and investment management. In this episode of the Mutual Fund Minute, Commissioner Peirce discusses the SEC’s approval of 11 exchange-traded products that will trade in bitcoin, the SEC’s regulatory agenda, proposed rules regulating predictive data analytics, and the overall fast pace of rulemaking.
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Mar 4, 2024 | 
lexology.com | Jay G. Baris |Charles Sommers
Click here to listen to the audioAre you now a securities dealer?
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Feb 14, 2024 | 
lexology.com | Paul Tyrrell |Jay G. Baris |Elizabeth Shea Fries |Stephen Cohen |Timothy J. Treanor |Stanley J. Boris | +1 more
On February 13, 2024, the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) withdrew its 2015 notice of proposed rulemaking (NPRM) related to registered investment advisers (RIAs) and released a new notice of proposed rulemaking seeking to impose anti-money-laundering/counter-terrorist financing (AML/CTF) program requirements for the U.S. Securities and Exchange Commission (SEC) RIAs along with SEC exempt reporting advisers (ERAs).1 The addition of ERA as a covered investment...
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Feb 5, 2024 | 
lexology.com | Jay G. Baris
Click here to listen to the audioA divided U.S. Securities and Exchange Commission cautiously heralded a new crypto era on January 10, 2024, when it approved by a 3 to 2 vote multiple exchange traded products that invest directly in bitcoin for listing and trading. To get to this point, the Commission followed a long and rocky road.
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Aug 10, 2023 | 
datamatters.sidley.com | W. Hardy Callcott |Jay G. Baris |James Brigagliano |Ranah Esmaili
On July 26, 2023, the U.S. Securities and Exchange Commission (SEC or Commission) proposed new rules for broker-dealers (Proposed Rule 15(1)-2) and investment advisers (Proposed Rule 211(h)(2)-4) on the use of predictive data analytics (PDA) and PDA-like technologies in any interactions with investors.1 However, as discussed below, the scope of a “covered technology” subject to the rules is much broader than what most observers would consider to constitute predictive data analytics.
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Aug 10, 2023 | 
lexology.com | W. Hardy Callcott |Jay G. Baris |James Brigagliano |Benson R. Cohen |Ranah Esmaili |Nathan J. Greene | +3 more
On July 26, 2023, the U.S. Securities and Exchange Commission (SEC or Commission) proposed new rules for broker-dealers (Proposed Rule 15(1)-2) and investment advisers (Proposed Rule 211(h)(2)-4) on the use of predictive data analytics (PDA) and PDA-like technologies in any interactions with investors.1 However, as discussed below, the scope of a “covered technology” subject to the rules is much broader than what most observers would consider to constitute predictive data analytics.
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Aug 8, 2023 | 
lexology.com | W. Hardy Callcott |Jay G. Baris |James Brigagliano |Benson R. Cohen |Ranah Esmaili |Nathan J. Greene | +2 more
On July 26, 2023, the U.S. Securities and Exchange Commission (SEC or Commission) proposed new rules for broker-dealers (Proposed Rule 15(1)-2) and investment advisers (Proposed Rule 211(h)(2)-4) on the use of predictive data analytics (PDA) and PDA-like technologies in any interactions with investors.1 However, as discussed below, the scope of a “covered technology” subject to the rules is much broader than what most observers would consider to constitute predictive data analytics.
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Apr 27, 2023 | 
lexology.com | Jay G. Baris
Click here to listen to the audio. Tune into Mutual Fund Minute here, as Jay Baris, a partner in Sidley’s Investment Funds group, takes a nostalgic look at the long and winding regulatory road of fund board culture, with a reminder that history is always an important guide to understanding the present.
