Newswire

When is an RIA a Custodian? @wealth_mgmt talks with @HDelux at the @Pershing Advisor Solutions Regional Symposium.

July 24th, 2017

A long-standing point of confusion for many RIAs is whether or not they are subject to the SEC’s custody rules when moving client assets from one account to another. Many consider having a letter of authorization from the client to move money between accounts exempts them from being considered custodians in the SEC’s eyes. “A recent […]

Compliance Pitfalls of Nonprofit Boards, @danbernstein talks with @BIConline.

July 11th, 2017

Advisers who seek to give back to their community — while also attracting new clients — often consider serving on the boards of charities or nonprofits. However, just because the cause may be a worthy one doesn’t mean that there aren’t conflicts of interest or other pitfalls along the way. Dan Bernstein, chief regulatory counsel at […]

DOL Rule Raises Specter of Negligence Claims, @BarronsOnline features @HDelux.

July 10th, 2017

The DOL’s fiduciary rule opens up advisors to the possibility of more negligence claims. “There’s no magic formula to avoid litigation, but to better protect themselves, advisors should seek to follow the rule’s mandate by acting in their clients’ best interests at all times”, said Brian Hamburger, president and CEO of MarketCounsel, a business and […]

DOL Rule Raises Specter of Negligence Claims, @BarronsOnline features @HDelux.

July 10th, 2017

The DOL’s fiduciary rule opens up advisors to the possibility of more negligence claims. “There’s no magic formula to avoid litigation, but to better protect themselves, advisors should seek to follow the rule’s mandate by acting in their clients’ best interests at all times”, said Brian Hamburger, president and CEO of MarketCounsel, a business and […]

DOL Rule Raises Specter of Negligence Claims, @BarronsOnline features @HDelux.

July 10th, 2017

The DOL’s fiduciary rule opens up advisors to the possibility of more negligence claims. “There’s no magic formula to avoid litigation, but to better protect themselves, advisors should seek to follow the rule’s mandate by acting in their clients’ best interests at all times”, said Brian Hamburger, president and CEO of MarketCounsel, a business and […]

DOL Rule Raises Specter of Negligence Claims, @BarronsOnline features @HDelux.

July 10th, 2017

The DOL’s fiduciary rule opens up advisors to the possibility of more negligence claims. “There’s no magic formula to avoid litigation, but to better protect themselves, advisors should seek to follow the rule’s mandate by acting in their clients’ best interests at all times”, said Brian Hamburger, president and CEO of MarketCounsel, a business and […]

DOL Rule Raises Specter of Negligence Claims, @BarronsOnline features @HDelux.

July 10th, 2017

The DOL’s fiduciary rule opens up advisors to the possibility of more negligence claims. “There’s no magic formula to avoid litigation, but to better protect themselves, advisors should seek to follow the rule’s mandate by acting in their clients’ best interests at all times”, said Brian Hamburger, president and CEO of MarketCounsel, a business and […]

Nevada Imposes its Own Fiduciary Duty on Broker-Dealers and Advisers

June 22nd, 2017

The State of Nevada has imposed, effective July 1, 2017, its own fiduciary duty on investment advisers and broker-dealers (the “Law”).  Nevada’s Law is novel because: (i) it is the first time that a state has imposed a fiduciary duty on broker-dealers and their representatives and (ii) because it does not contain an exemption for […]

Focus on Fiduciary Standard Puts Adviser Negligence in Spotlight. @HDelux talks with @FinancialTimes.

June 22nd, 2017

Negligence claims are a risk for financial advisers of all stripes. “The first step is to be completely aware of all conflicts of interests — and if you can’t avoid or minimize them, you must disclose all of them,” says Brian Hamburger, president and CEO of MarketCounsel, a business and regulatory consulting firm for investment […]

As DOL Fiduciary Rule Takes Effect, the Focus is on Compliance. @DanBernstein talks with @GregIacurci (@newsfromIN).

June 12th, 2017

“I think you’ll find different reactions over the next two to three months by firms,” said Daniel Bernstein, chief regulatory counsel at compliance consulting firm MarketCounsel. Some who are “pretty much at the finish line” already will continue on their trajectory, while “some will put their head in sand” until there’s clarity, Mr. Bernstein added. While […]