August 22, 2011 – Fiduciary-standard-gets-new-and-influential-advocate (pdf)
On the Regulation of Investment Advisory Services: Where do we go from here?
On July 14, 2011 SIFMA submitted comments to the SEC on a proposed framework for establishing a uniform fiduciary standard of conduct for broker-dealers. SIFMA’s proposal departs from the fiduciary standard as set forth under the Advisers Act of 1940 and, if adopted, would be particularly harmful to retail investors.
Mutual Fund Merry-Go-Round
August 13, 2011 – David F. Swensen, Chief Investment Officer of Yale University calls for fiduciary duty for brokers in an Op-Ed in The New York Times, August 13, 2011, “The Mutual Fund Merry-Go Round.” He writes: “the S.E.C. should hold the mutual fund industry to a “fiduciary standard,” one that puts clients’ interests first. […]
Fiduciary Forum 2011
An Introduction to the 2011 Fiduciary Forum: SEC Commissioner Troy Paredes wrote in 2003 (as an Associate Professor of Law) about mandatory disclosure and whether market participants are subject to information overload. * Noting that mandatory disclosure may be “the most hotly contested debate in the history of securities regulation,” Paredes concluded that to […]
Fiduciary Law in the 21st Century
By Tamar Frankel — This paper was presented as part of a conference on fiduciary law at Boston University on October 29, 2010.
Comments on Definition of Fiduciary Proposed Rule
Disclosures and client consent are insufficient – by themselves – to satisfy the fiduciary standard. Investors must be able to rely on and have confidence in the expertise of their advisor. This can only be accomplished by applying a standard that prohibits all conflicts of interest.
