Tuesday, September 26, 2023

Archegos Litigation Heats Up

Rogue Trader's Collapse Still Ripples Through the Financial Industry

Author: David Schwartz J.D. CPA


Archegos Capital Management, a family office run by Bill Hwang, collapsed in March 2021, leaving its counterparties with over $10 billion in losses. The SEC, CFTC, and DOJ have all filed charges against Archegos and its executives, alleging that they engaged in market manipulation and fraud. The litigation is still ongoing, but the case has already significantly affected the financial industry.

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Monday, July 31, 2023

Modernizing Beneficial Ownership Reporting

The Industry Waits for Final Action from the SEC

Author: David Schwartz J.D. CPA

In early 2022, the Securities and Exchange Commission (SEC) proposed several significant changes to Regulations 13D and 13G, which require certain persons to disclose their beneficial ownership of equity securities. These changes seek to improve the transparency and timeliness of beneficial ownership reporting and to make it easier for investors to access and understand this information. The Commission has not yet finalized the proposal, but the SEC's stated date for final action, April 2023, has passed, and the industry is watching the SEC's agenda closely, with final action overdue. 
 

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Wednesday, January 11, 2023

The SEC Unveils its Agenda for 2023

A Busy Mix of New Business and Old

Author: David Schwartz J.D. CPA

In its recently updated regulatory flexibility agenda, the Securities and Exchange Commission has set its priorities for 2023. A mix of old and new business, the Commission's 2023 plans include finalizing 29 existing proposals and placing 23 new proposals up for consideration. 

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Monday, November 28, 2022

SEC Beefs Up Proxy Voting Disclosure

Does meaningful proxy voting transparency reveal too much?

Author: David Schwartz J.D. CPA

On November 2, 2022 the Securities and Exchange Commission finalized the first of its market data rule proposals. The amendments to form N-PX bring greater detail, consistency, and usability to the proxy voting information reported by mutual funds. These changes came in response to investors, who have said for nearly twenty years that they would benefit from more readily usable information and more details. But, new disclosures about proxy voting versus securities lending may have funds and their lending agents reexamining their policies and priorities. 

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Thursday, November 17, 2022

Common Domain Model Paves the Way to the Future

"The common domain model is a natural starting place for DLT-based smart contracts"

Author: David Schwartz J.D. CPA

The Common Domain Model (CDM), ISDA's ambitious securities lending standardization project, is a step closer to reality. And industry leaders already see opportunities for application. In a report jointly produced with Linklaters, ISDA outlined the project's progress since its launch in 2021 [1] and described how the CDM lays the foundation for distributed ledger (DLT)-based smart contracts to remake the securities lending landscape. 

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Number of views (1184)
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