Seminar  Seminar

Broker/Dealer Regulation and Enforcement 2013


Select a Location:

This is a webcast of the live New York session.

Why you should attend

The Dodd-Frank Act - frequently described as the most sweeping reform legislation in decades - and the contemplated, proposed or final rules implementing it, have significant implications for broker-dealers. The concurrent proliferation of new regulation and record-breaking enforcement activity by the DOJ, SEC, CFTC, states and SROs have created a strained and overburdened environment for legal and compliance personnel. This program brings together a distinguished faculty of regulators, industry experts and leading practitioners to discuss issues that will help you keep up with the changing landscape of the business and its regulatory oversight.

What you will learn

  • Current regulatory issues being addressed by the regulators
  • Current examination and enforcement priorities of the SEC, CFTC, SROs and state regulators
  • Major criminal cases impacting broker-dealers
  • In-house lawyers’ and compliance officers’ regulatory and enforcement challenges, and their strategies and best tips for minimizing regulatory exposure

Who should attend

Attorneys and other professionals involved in securities, corporate, banking and finance, and insurance law; in-house counsel and compliance professionals, financial advisers, bankers and accountants; and those employed in supervisory positions throughout the financial services industry.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

All times are E.D.T.

Morning Session: 9:00 a.m. - 12:45 p.m.  (E.D.T.)

9:00 Overview of Program and Current Issues

Carmen J. Lawrence, Neal E. Sullivan

9:15 SEC, CFTC, DOJ and SRO Enforcement

Senior regulators will discuss their enforcement initiatives, developments and priorities.

  • Significant SEC, CFTC and DOJ enforcement initiatives
  • FINRA rules, examinations and enforcement
  • Ponzi schemes, microcap fraud, insider trading, structured products, alternative investments, FCPA, financial fraud, and whistleblowers.

Moderator: Carmen J. Lawrence
Panelists: Marc P. Berger, David Meister (Invited), Susan L. Merrill, Michael J. Osnato, Susan Schroeder

10:45 Break

11:00 State Enforcement

State regulators will discuss regulatory initiatives, developments and priorities. The panelists will offer their insights for avoiding and responding to a state regulatory matter.

  • Investment advisers
  • Regulation D Rule 506 offerings
  • Sale of non-traditional products to retail investors (gold & precious metals, oil & gas drilling programs, promissory notes)
  • EB-5 Investment-for-Visa schemes, Real Estate Investment Schemes

Moderator: Neal E. Sullivan
Panelists: Ronak V. Patel, Tanya Solov, S. Anthony Taggart

12:30 Break

12:45 Luncheon Keynote

J. Bradley Bennett, Executive Vice President, Enforcement, FINRA

Afternoon Session: 1:45 p.m. - 5:00 p.m.  (E.D.T.)

1:45 Regulatory Update

This panel will discuss recent regulatory developments that have been receiving examination and rulemaking attention. Topics will include:

  • Exam priorities, including: supervision of technology system controls and governance, the Market Access Rule, proprietary trading, capital, AML, trading and sales practices, protection of customer assets, risks related to ETFs and High Frequency and Algorithmic trading.
  • Current rule initiatives, including: Dodd-Frank rulemaking and study update.

Moderator: Henry Klehm III
Panelists: James A. Brigagliano, Gerard S. Citera, Eric Gallinek, Gregory Johnson

2:45 Break

3:00 In-House Lawyer Roundtable

This panel of senior in-house regulatory lawyers will discuss the challenges they face in managing the regulatory and enforcement issues that their firms face on a regular basis. They will discuss their strategies and concerns as well as the role that they expect outside counsel to play in helping them minimize their firms’ regulatory exposure. Topics will include:

  • Managing the regulatory process
  • Challenges and strategies for keeping up with complex businesses
  • Handling Whistleblower complaints
  • Advising supervisors and employees
  • Decision making as to self reporting, cooperation, and remediation

Moderator: Colleen P. Mahoney
Panelists: Kay L. Lackey, David M. Levine, Ilene B. Marquardt, Joaquin M. Sena

4:00 Compliance Officer Roundtable

This panel of Chief Compliance Officers will discuss the challenges they face managing their compliance programs in light of continued unprecedented changes in the broker dealer industry. They will discuss current regulatory issues and priorities and offer lessons learned from recent enforcement actions. Topics will include:

  • Approaches for assessing program effectiveness
  • Strategies for maintaining a robust program
  • International and cross-border regulatory and compliance issues
  • Compliance challenges presented by technology, social media, and devices

Moderator: Wiliam R. Baker III
Panelists: Alan M. Cohen, Christopher J. Mahon, Ghillaine A. Reid, Charles V. Senatore (Invited)

5:00 Adjourn

Co-Chair(s)
Carmen J. Lawrence ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Neal E. Sullivan ~ Sidley Austin LLP
Speaker(s)
William R. Baker III ~ Latham & Watkins LLP
J. Bradley Bennett ~ Executive Vice President, Enforcement, FINRA
Marc P. Berger ~ Co-Chief, Securities & Commodities Task Force, United States Attorney's Office, Southern District of New York
James A. Brigagliano ~ Sidley Austin LLP
Gerard S. Citera ~ Davis Polk & Wardwell LLP
Alan M. Cohen ~ Global Head of Compliance, Goldman, Sachs & Co.
Eric Gallinek ~ Managing Director, Regional Head of Compliance (Americas) & Global Head of AWM Compliance, Deutsche Bank AG
Gregory Johnson ~ Managing Director, Chief Compliance Officer - Corporate & Investment Bank, J.P.Morgan Chase
Henry Klehm III ~ Jones Day
Kay L. Lackey ~ Managing Director/Senior Counsel, RBS Markets and International Banking
David M. Levine ~ Head of Litigation and Regulatory Enforcement, Americas, Deutsche Bank
Christopher J. Mahon ~ Senior Vice President and Head of Broker-Dealer Legal and Regulatory, AllianceBernstein L.P.
Colleen P. Mahoney ~ Skadden, Arps, Slate, Meagher & Flom LLP
Ilene B. Marquardt ~ Senior Deputy General Counsel and Managing Director, UBS Financial Services, Inc.
David Meister ~ Director of Enforcement, U.S. Commodity Futures Trading Commission
Susan L. Merrill ~ Sidley Austin LLP
Michael J. Osnato ~ Assistant Regional Director, Enforcement Division, U.S. Securities and Exchange Commission
Ronak V. Patel ~ Deputy Securities Commissioner of Texas, Texas State Securities Board
Ghillaine A. Reid ~ Gibbons P.C.
Susan Schroeder ~ Deputy Chief of Enforcement, FINRA
Joaquin M. Sena ~ Associate General Counsel, Regulatory Inquiries Group, Bank of America
Charles V. Senatore(Invited) ~ Head of Corporate Compliance and Ethics, Fidelity Investments
Tanya Solov ~ Director, Illinois Securities Department
S. Anthony Taggart ~ Executive Director, Morgan Stanley
Program Attorney(s)
Grace E. O'Hanlon ~ Practising Law Institute
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.

PLI's Live Webcasts are approved for MCLE credit (unless otherwise noted in the product description) in the following states/territories:  Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York2, Ohio3, Oklahoma, Oregon*, Pennsylvania4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia5, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.

*PLI will apply for credit upon request.

Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.

Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.

 

1Indiana: Considered a distance education course. There is a 6 credit limit per year.

2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.

3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.

4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.

5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.


Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.

Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Why you should attend

The Dodd-Frank Act - frequently described as the most sweeping reform legislation in decades - and the contemplated, proposed or final rules implementing it, have significant implications for broker-dealers. The concurrent proliferation of new regulation and record-breaking enforcement activity by the DOJ, SEC, CFTC, states and SROs have created a strained and overburdened environment for legal and compliance personnel. This program brings together a distinguished faculty of regulators, industry experts and leading practitioners to discuss issues that will help you keep up with the changing landscape of the business and its regulatory oversight.

What you will learn

  • Current regulatory issues being addressed by the regulators
  • Current examination and enforcement priorities of the SEC, CFTC, SROs and state regulators
  • Major criminal cases impacting broker-dealers
  • In-house lawyers’ and compliance officers’ regulatory and enforcement challenges, and their strategies and best tips for minimizing regulatory exposure

Who should attend

Attorneys and other professionals involved in securities, corporate, banking and finance, and insurance law; in-house counsel and compliance professionals, financial advisers, bankers and accountants; and those employed in supervisory positions throughout the financial services industry.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Morning Session: 9:00 a.m. - 12:45 p.m.

9:00 Overview of Program and Current Issues

Carmen J. Lawrence, Neal E. Sullivan

9:15 SEC, CFTC, DOJ and SRO Enforcement
 
Senior regulators will discuss their enforcement initiatives, developments and priorities.

  • Significant SEC, CFTC and DOJ enforcement initiatives
  • FINRA rules, examinations and enforcement
  • Ponzi schemes, microcap fraud, insider trading, structured products, alternative investments, FCPA, financial fraud, and whistleblowers.

Moderator: Carmen J. Lawrence
Panelists: Marc P. Berger, David Meister (Invited), Susan L. Merrill, Michael J. Osnato, Susan Schroeder

10:45 Break

11:00 State Enforcement

State regulators will discuss regulatory initiatives, developments and priorities. The panelists will offer their insights for avoiding and responding to a state regulatory matter.

  • Investment advisers
  • Regulation D Rule 506 offerings
  • Sale of non-traditional products to retail investors (gold & precious metals, oil & gas drilling programs, promissory notes)
  • EB-5 Investment-for-Visa schemes, Real Estate Investment Schemes

Moderator: Neal E. Sullivan
Panelists: Ronak V. Patel, Tanya Solov, S. Anthony Taggart

12:30 Break

12:45  Luncheon Keynote

J. Bradley Bennett, Executive Vice President, Enforcement, FINRA

Afternoon Session: 1:45 p.m. - 5:00 p.m.

1:45  Regulatory Update

This panel will discuss recent regulatory developments that have been receiving examination and rulemaking attention. Topics will include:

  • Exam priorities, including: supervision of technology system controls and governance, the Market Access Rule, proprietary trading, capital, AML, trading and sales practices, protection of customer assets, risks related to ETFs and High Frequency and Algorithmic trading.
  • Current rule initiatives, including: Dodd-Frank rulemaking and study update.

Moderator: Henry Klehm III
Panelists: James A. Brigagliano, Gerard S. Citera, Eric Gallinek, Gregory Johnson

2:45  Break

3:00  In-House Lawyer Roundtable

This panel of senior in-house regulatory lawyers will discuss the challenges they face in managing the regulatory and enforcement issues that their firms face on a regular basis. They will discuss their strategies and concerns as well as the role that they expect outside counsel to play in helping them minimize their firms’ regulatory exposure. Topics will include:

  • Managing the regulatory process
  • Challenges and strategies for keeping up with complex businesses
  • Handling Whistleblower complaints
  • Advising supervisors and employees
  • Decision making as to self reporting, cooperation, and remediation

Moderator: Colleen P. Mahoney
Panelists: Kay L. Lackey, David M. Levine, Ilene B. Marquardt, Joaquin M. Sena

4:00  Compliance Officer Roundtable

This panel of Chief Compliance Officers will discuss the challenges they face managing their compliance programs in light of continued unprecedented changes in the broker dealer industry. They will discuss current regulatory issues and priorities and offer lessons learned from recent enforcement actions. Topics will include:

  • Approaches for assessing program effectiveness
  • Strategies for maintaining a robust program
  • International and cross-border regulatory and compliance issues
  • Compliance challenges presented by technology, social media, and devices

Moderator: Wiliam R. Baker III
Panelists: Alan M. Cohen, Christopher J. Mahon, Ghillaine A. Reid, Charles V. Senatore (Invited)

5:00  Adjourn

Co-Chair(s)
Carmen J. Lawrence ~ Fried, Frank, Harris, Shriver & Jacobson LLP
Neal E. Sullivan ~ Sidley Austin LLP
Speaker(s)
William R. Baker III ~ Latham & Watkins LLP
J. Bradley Bennett ~ Executive Vice President, Enforcement, FINRA
Marc P. Berger ~ Co-Chief, Securities & Commodities Task Force, United States Attorney's Office, Southern District of New York
James A. Brigagliano ~ Sidley Austin LLP
Gerard S. Citera ~ Davis Polk & Wardwell LLP
Alan M. Cohen ~ Global Head of Compliance, Goldman, Sachs & Co.
Eric Gallinek ~ Managing Director, Regional Head of Compliance (Americas) & Global Head of AWM Compliance, Deutsche Bank AG
Gregory Johnson ~ Managing Director, Chief Compliance Officer - Corporate & Investment Bank, J.P.Morgan Chase
Henry Klehm III ~ Jones Day
Kay L. Lackey ~ Managing Director/Senior Counsel, RBS Markets and International Banking
David M. Levine ~ Head of Litigation and Regulatory Enforcement, Americas, Deutsche Bank
Christopher J. Mahon ~ Senior Vice President and Head of Broker-Dealer Legal and Regulatory, AllianceBernstein L.P.
Colleen P. Mahoney ~ Skadden, Arps, Slate, Meagher & Flom LLP
Ilene B. Marquardt ~ Senior Deputy General Counsel and Managing Director, UBS Financial Services, Inc.
David Meister ~ Director of Enforcement, U.S. Commodity Futures Trading Commission
Susan L. Merrill ~ Sidley Austin LLP
Michael J. Osnato ~ Assistant Regional Director, Enforcement Division, U.S. Securities and Exchange Commission
Ronak V. Patel ~ Deputy Securities Commissioner of Texas, Texas State Securities Board
Ghillaine A. Reid ~ Gibbons P.C.
Susan Schroeder ~ Deputy Chief of Enforcement, FINRA
Joaquin M. Sena ~ Associate General Counsel, Regulatory Inquiries Group, Bank of America
Charles V. Senatore(Invited) ~ Head of Corporate Compliance and Ethics, Fidelity Investments
Tanya Solov ~ Director, Illinois Securities Department
S. Anthony Taggart ~ Executive Director, Morgan Stanley
Program Attorney(s)
Grace E. O'Hanlon ~ Practising Law Institute
New York City Seminar Location

PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.

New York City Hotel Accommodations

The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is 0495741. You can also make reservations online to access Practising Law Institute rates.

The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: res.ny@warwickhotels.com

Sheraton New York Times Square Hotel, 811 7th Avenue, New York, NY 10019, 1-800-325-3535 or (212) 581-1000. When calling, please mention Practising Law Institute and mention SET#311155. You may also book online.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

Related Items

On-Demand  On-Demand Programs

Broker/Dealer Regulation and Enforcement 2012 Nov. 7, 2012

Handbook  Course Handbook Archive

Broker/Dealer Regulation and Enforcement 2014  
Broker/Dealer Regulation and Enforcement 2013  
Broker/Dealer Regulation and Enforcement 2012 Carmen J. Lawrence, Fried, Frank, Harris, Shriver & Jacobson LLP
Neal E. Sullivan, Sidley Austin LLP
 
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