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The Municipal Securities Rulemaking Board and Rule G-42

The Municipal Securities Rulemaking Board (“MSRB”) held a webinar Feb. 6, 2014 discussing its proposed Rule G-42 to impose a broad range of duties, proscriptions and documentation requirements upon...

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MSRB Proposes Municipal Advisor Supervisory Rule

On February 25, the Municipal Securities Rulemaking Board (“MSRB”) proposed new Rule G-44 imposing a supervision and compliance requirements for Municipal Advisors (“MA’s”).  The Dodd-Frank Act imposed...

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The SEC’S New Municipal-Advisor Rules Go Effective July 1

The SEC’s new MA Rules become effective July 1, 2014, 17 CFR 240.15Ba1-1 through 1-8 and 15Bc4-1.  Required by Dodd-Frank § 975, the Rules were adopted last year, but the SEC postponed their...

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OCIE Announces Exam Initiative for Newly-Registered Municipal Advisors

The SEC’s Office of Compliance Inspections and Examinations (“OCIE”) announced August 19 a two-year, three-phase examination initiative targeting newly-registered municipal advisors.  SEC Press Rel....

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SEC Approves Supervision & Compliance Rule for Municipal Advisors

The SEC last week approved new MSRB Rule G-44 implementing supervision and compliance requirements for municipal advisors. The MSRB touted the Rule as “its first dedicated rule for municipal advisors”...

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The SEC’s Telling Enforcement Shift

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 made numerous, and significant, changes to the Securities and Exchange Commission’s regulatory powers particularly with respect to...

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SEC Seeks Chevron Deference to Unnecessary Ruling that Dodd-Frank 180-Day...

In a brief filed last week, the SEC urged the D.C. Circuit to give Chevron deference to the Commission’s unnecessary conclusion that Congress’s 180-day enforcement deadline doesn’t matter. The...

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SEC Sweep on NDAs Restricting Whistleblowers

The Wall Street Journal reported Thursday that the SEC is in the midst of a sweep to crack down on companies’ use of NDAs or employment agreements that might impede whistleblower reporting in violation...

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SEC Files 1st Action Over Anti-Whistleblower Confidentiality Clause

Not April Fool’s for one public-company registrant, as the SEC filed its first settled action today over corporate confidentiality provisions that run afoul of Dodd-Frank whistleblower protections....

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Tone-Deaf SEC Asks ALJ in Secret Whether Agency Pressured Him

For over a year, critics have questioned the fundamental fairness of the SEC’s administrative forum, including whether the Agency should act as prosecutor, judge and jury. Even as criticisms mount, the...

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