Key Contacts
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Broker-Dealer Regulation
WilmerHale’s broker-dealer team is known for providing incisive, practical regulatory advice to the financial services sector. We work with clients to devise and implement sophisticated policies and supervisory procedures to achieve compliance with federal and state securities laws and SRO regulations. Our lawyers have extensive experience conducting compliance reviews, counseling clients on triggers for broker-dealer registration, and advising them through the FINRA new and continuing membership application process.Learn More -
Compliance and Enforcement
Recognized as “straightforward, reasonable and smart” and as lawyers who are “exceptionally strong” and “advise on the most cutting-edge regulatory matters” (Chambers USA), our group has represented financial market participants in a wide range of regulatory examinations and administrative proceedings initiated by the SEC, FINRA, state securities regulators and other governmental agencies and self-regulatory organizations. The firm’s broker-dealer team is closely integrated with our industry-leading securities enforcement practice, which regularly guides clients through the nuances of the enforcement process and has achieved favorable resolutions at every stage—whether in informal inquiries involving requests for information, formal investigations involving subpoenas for records and sworn testimony, or advocacy with ultimate decisionmakers, such as the commissioners of the SEC.Learn More -
Security-Based Swap Regulation
As registration deadlines approach under the US Securities and Exchange Commission’s (SEC) new security-based swap dealer (SBSD) rules, financial market participants must navigate a period of rigorous impact assessment, project planning, resourcing and implementation to ensure meaningful compliance. While firms’ existing Commodity Futures Trading Commission (CFTC) swap dealer programs provide a useful reference point as they prepare for the upcoming SBSD compliance and registration dates, significant effort will likely be required to meet the broad variety of requirements introduced by the SEC’s new swap dealer rules. WilmerHale’s experienced securities and financial regulatory lawyers closely follow the SEC’s development and implementation of its SBSD framework and stand ready to assist clients in meeting these new requirements.
Experience
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BROKER-DEALER ACQUISITION AND INTEGRATION
We have advised clients regarding restructuring and integration of broker-dealer operations in connection with mergers and acquisitions, private equity investments, and other capitalization transactions involving a diverse range of financial services firms—from bulge bracket investment banks to institutional asset management and private equity managers, electronic equity and options traders, derivatives dealers, and boutiques.
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RESEARCH ANALYST RULES
We have advised clients ranging from multinational financial institutions to regional broker-dealers to fixed income institutional shops regarding the interpretation and implementation of “conflict of interest” and “independence” rules for research analysts covering the equities and fixed income markets. In connection with this work, we have liaised with FINRA and the SEC regarding interpretive guidance and relief. We also provide guidance on implementing MiFID II requirements for “unbundling” research products and services from brokerage products and services. -
CONSOLIDATED AUDIT TRAIL
We serve as regulatory counsel to a consortium of all of the equities and options exchanges in the United States, providing guidance in connection with the development of a market-wide consolidated audit trail. The consolidated audit trail is intended to enhance regulators’ ability to monitor and analyze trading activity. -
COMPLEX TRADING STRATEGIES
Advised institutional investors in connection with complex trading strategies involving securities and derivatives, including the creation of a centralized clearing platform for credit default swaps. -
CROSS-BORDER TRADING
Assisted firms with cross-border trading and related products and services to address capital, margin, insolvency, broker-dealer registration and other regulatory issues. -
PRIME BROKERS
We have assisted prime brokers with all aspects of their business, including trade financing, clearance and settlement, and regulatory reporting. -
DUALLY REGISTERED BROKER-DEALERS/INVESTMENT ADVISERS
We have represented dually registered broker-dealer and investment advisers in connection with retail sales practice reviews, variable insurance policies and fee-based brokerage. -
RULEMAKING INITIATIVES
Our practice has participated on behalf of trade associations and clients in various rulemaking initiatives relating to market structure, issuance of research and regulation of short sales.
Recognition
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Ranked Band 1, USA—Nationwide for Financial Services Regulation: Broker-Dealer (Compliance & Enforcement)
Chambers USA
2020-2024
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Nationally Recognized Firm for Securities Regulation
U.S. News and Best Lawyers® “Best Law Firms” List
2020-2023
- Chambers USA—Financial Services Regulation: Broker-Dealer (Compliance & Enforcement) (2020–2024) recognizes WilmerHale for its exceptionally strong broker-dealer practice; additional strength in the banking regulatory space, with a solid presence in the enforcement sphere.” Clients describe us as “a top-flight law firm, with an unmatched level of experience, reputation, and knowledge in regulatory and governmental matters. The attorneys are intelligent and experts in their respective subject areas,” and note our “sound ability to dissect analytics in rendering legal advice.”
- U.S. News and Best Lawyers® Best Law Firms List (2020–2023) ranks WilmerHale for Securities Regulation nationally and in Boston, noting, “WilmerHale’s experts are quick to identify the most relevant issue and suggest effective solutions."
- The Legal 500 United States repeatedly recognizes WilmerHale for Financial Services Regulation: Broker-Dealers.