Securities Regulatory Defense and Compliance

Providing regulatory and compliance counseling to our securities industry clients is a core aspect of Bressler’s financial institutions practice. Our attorneys are called upon to advise a diverse selection of broker-dealers, investment advisers, futures commission merchants and other industry participants on the legal, regulatory and compliance implications of their current and planned activities.

Our capabilities encompass a broad spectrum of SEC, FINRA and state regulatory and compliance matters, such as:

  • Broker-dealer, RIA and FCM status issues
  • Clearing arrangements
  • FINRA, NFA and state licensing
  • Advertising and marketing
  • Securities products and services development
  • Annuities
  • Customer protection rules
  • Public and private offerings
  • Customer documentation
  • Independent contractor and employment agreements
  • Referral arrangements
  • Distribution and dealer agreements
  • Registration and continuing membership applications
  • Trading and sales practices
  • Securities lending and credit matters
  • Supervisory policies and procedures
  • Record keeping practices
  • Anti-money laundering 
  • Cross border and global initiatives

Bressler works with broker-dealer, RIA and FCM clients on a wide range of issues. We assist clients in determining what registration requirements may apply to their business and provide guidance on possible exemptions from registration. We help broker-dealers with new and continuing membership applications and advise our securities clients on a broad spectrum of regulatory and compliance matters. Our capabilities include legal counsel pertaining to customer documentation, KYC, AML, trading and sales practice issues, privacy and conflicts of interest. Bressler attorneys also negotiate and document clearing and sub-clearing arrangements and assist clearing and introducing firms with contractual and regulatory matters both domestically and globally.

Our lawyers are called upon to assist clients in addressing exam based inquiries by the SEC, FINRA, state and foreign regulators. These matters range from routine inquiries to cause examinations and regulatory sweeps. Because the latter categories of exams have greater than normal potential to become Enforcement referrals, our team moves quickly to work with the client to understand the underlying issues, develop good rapport with the examiners and help to provide the documents and information they need. We also counsel our client on remediating any outstanding issues and addressing any alleged deficiencies.