DOL Fiduciary Rule Compliance: Phase I, effective June 9th

May 25th, 2017

Certain portions of the DOL’s fiduciary rule under ERISA will become effective on June 9, 2017. Although enforcement of the rule will not begin until January 1, 2018 so long as there’s good faith effort, most investment advisers will find compliance easy.  The imminent provisions expand the definition of “fiduciary investment advice” under ERISA.  That […]

We’re growing our team! Know someone with great practical compliance skills? #jobs

May 22nd, 2017

See details at

SEC Releases Cybersecurity Ransomware Alert

May 22nd, 2017

On May 17, 2017, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) released a National Exam Program Risk Alert regarding the widespread WannaCry ransomware attack.  The hackers behind the attack are gaining access to servers either through Microsoft Remote Desktop Protocol or the exploitation of a Windows vulnerability.  Supposedly, some networks have also been […]

“Who’s going to make sure there’s coffee in the break room?” @HDelux asks breakaway advisors who want their own firm via @bobveres @finplan

May 5th, 2017

Brian Hamburger and Sharron Ash sit down with Bob Veres to discuss what wirehouse advisors must know before going indie.  You’re going to want to read this. Read more.

@HdDelux to @finplan: “Broker-dealers are under fire – what they’re selling has fallen out of favor.”

May 5th, 2017

“They’ll continue to find lucrative hunting grounds for broker-dealers,” says Brian Hamburger, president and CEO of MarketCounsel, a legal and compliance firm.  “Broker-dealers are under fire,” he says. “What they’re selling — let’s be blunt about it, it’s fallen out of favor.” Hamburger has observed a shift in how the SEC has handled enforcement over […]

The good & bad thing about the SEC? “Things don’t change very quickly” – @HdDelux to @finplan and @onwallstreet

May 5th, 2017

Clayton, a newcomer to government, is something of an unknown quantity, though in the short term, it seems likely that many staff-level initiatives will continue, says Brian Hamburger, president and CEO of MarketCounsel, a legal and compliance firm.  “On the macro level, the good thing and the bad thing about the SEC is that things […]

We’re growing our team. Know a great corporate lawyer in the greater NYC area? #jobs

April 20th, 2017

Details @

We’re growing our team. Know a great paralegal in the greater NYC area? #jobs

April 19th, 2017

Details @

@HDelux takes the hard line on claims of ‘conflict-free’ advice with @jasonzweigwsj in @WSJ

April 13th, 2017

Read more.

DOL Fiduciary Rule Update (Delay Status)

March 30th, 2017

The DOL Fiduciary Rule (the “Rule”) was scheduled to become effective on April 10, 2017.  Since the Trump administration took office, it has been difficult to follow all of the news about delays to the Rule.  Much of the confusion is a result of procedure required to delay a rule that has been approved.  Compliance […]