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FINRA Warns of Fake FINNRA

Burr Forman

The Financial Industry Regulatory Authority (“FINRA”) has issued a special alert to its member firms, alerting them to an imposter website: www.finnra.org (containing an extra “n”). Potter, III ( tpotter@burr.com ) is a partner in the Securities Litigation Practice Group at Burr & Forman, LLP. Regulatory Notice 20-27 is here.

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SEC Enforcement Staff Regains Subpoena Power

Burr Forman

On February 9, Acting SEC Chair Lee announced she was restoring the delegated authority of Enforcement Division senior officials to issue subpoenas to compel document production and sworn testimony without the need of a Formal Order of Investigation by the full Commission. Tom is licensed in Tennessee, Texas, and Louisiana.

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FINRA 2021 Exam Results and Priorities

Burr Forman

On February 1, 2021, the Financial Industry Regulatory Authority (“FINRA”) released its “Report on FINRA’s Risk Monitoring and Examination Activities.” Potter, III ( tpotter@burr.com ) is a partner in the Securities Litigation Practice Group at Burr & Forman, LLP. Tom is licensed in Tennessee, Texas, and Louisiana.

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Congressional Override Grants SEC 10-Year Statutory Disgorgement Remedy

Burr Forman

On the new year’s first day, Congress passed the NDAA over President Trump’s veto and gave the SEC more clear – and longer – disgorgement authority for enforcement actions in the courts. The National Defense Authorization Act for Fiscal Year 2021, H.R. Tom is licensed in Tennessee, Texas, and Louisiana. 6395 (116th Cong.

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FINRA Targeted Exam Letter on Options Accounts

Burr Forman

The Financial Industry Regulatory Authority (“FINRA”) recently kicked off a “sweep” examination with its August 2021 Targeted Exam Letter on “practices and controls related to the opening of options accounts and related areas, including account supervision, communications and diligence.” Tom is licensed in Tennessee, Texas, and Louisiana.

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FINRA Vendor-Management Guidance: You Can’t Outsource Responsibility

Burr Forman

On August 13, 2021, the Financial Industry Regulatory Authority (“FINRA”) issued Regulatory Notice 21-29, collecting guidance on outsourcing and vendor management. Potter, III ( tpotter@burr.com ) is a partner in the Securities Litigation Practice Group at Burr & Forman, LLP. Tom is licensed in Tennessee, Texas, and Louisiana.

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SEC Reverts to Two-Step Enforcement Settlements and Waiver Requests

Burr Forman

The changes are within the Acting Chair’s authority, as were some similar changes made by Acting Chair Piwowar during these same circumstances in 2016. Potter, III ( tpotter@burr.com ) is a partner in the Securities Litigation Practice Group at Burr & Forman, LLP. Tom is licensed in Tennessee, Texas, and Louisiana.