SEC Loses Home Court Advantage

By: Daniel D. Hill

The recent Jarkesy decision ruled that the SEC’s in-house adjudication or administrative process violates the 7th Amendment’s right to a jury trial. Finding that an enforcement action brought by the SEC in the SEC’s own in-house administrative process is “akin to traditional actions at law to which the jury-trial attaches,” the Fifth Circuit concluded that persons subjected to such an enforcement action are entitled to a jury trial, which the SEC process does not afford.

Commercial Financing in Utah: Legislative Change Coming

By: Daniel D. Hill

The recent enactment of the Commercial Financing Registration and Disclosure Act (Senate Bill 183), requires persons who provide certain commercial financing products to (1) register with the Department of Financial Institutions and (2) make certain disclosures in connection with each commercial financing transaction.  

Consumer Lending Turmoil and The Economic Consequences of COVID-19

By: Daniel D. Hill

The global pandemic of 2020 is wreaking havoc with the economy.  With limited alternatives available to them, many consumers have few options but to accept lender friendly loans – even usurious ones.

Virtual Currency Update

By: Daniel D. Hill

When trading in digital assets, particular caution and attention should be paid to how and where any such trading takes place.

Financial Advisors Making Their Way Into the Modern World

By: Daniel D. Hill

Regulators have been the primary bottleneck for slowing the pace of financial advisors.

Virtual Currencies 101

By: Daniel D. Hill

It is well established that virtual currencies are subject to financial regulations. They are considered both securities and commodities.

DOL Fiduciary Rule Update

This past week, the House Financial Services Committee voted (34-26) to approve the Financial CHOICE Act.

Robo-Advisers: A Fast Growing Trend

By: Daniel D. Hill

Robo-Advisers are causing changes to the competitive landscape of investment advisers.

Regulatory Reform and the Financial Services Industry

Regardless of one’s political leanings, it is becoming quite clear that it is not “business as usual” in Washington, DC. Today, February 24, 2017, provided yet more evidence.

A Look Back and a Look Forward at FINRA Regulations

By: Daniel D. Hill

The Financial Industry Regulatory Authority (FINRA) pursued roughly 1500 enforcement actions in 2016. A review of some of those actions provides a guide on how to avoid finding yourself on the wrong end of a regulatory enforcement action.