By Arthur Laby — This Article provides a sustained account of advice giving as a fiduciary activity, and it demonstrates that the dominant approach to defining fiduciary relationships is flawed. Leading academic commentators assert that fiduciary relationships only arise when one party has discretion over the assets or affairs of another.
Jay Clayton: Reg BI Still Coming June 30th
SEC staff to issue two “Risk Alerts” for further guidance.
Debate Counter Point: “Testimonials and Endorsements Won’t Help Investors”
Karen Barr and Knut Rostad take opposite sides of the timely debate on advisor advertisements with testimonials and endorsements.
Regulatory Action: Letter to SEC Opposing Lifting Current Ban on Testimonials and Endorsements
There may be parts of the SEC’s 1961 advertising rule that deserve updating. The ban on testimonials and endorsements is not one of them.
Time for Advisers to Speak to Us in Plain English, writes WSJ’s Jason Zweig
The SEC is making financial information simpler. But it’s not yet simple enough.
Institute commends Massachusetts disclosure on fees and services as “Straight Talk”
The proposed Massachusetts Adviser Straight Talk Disclosure is a simple, direct and commonsense approach to informing adviser clients of key information. It can increase investor comprehension of fees and services.
