Who is a Fiduciary? Why it Matters and Tips for Financial Services Compliance and Risk Management

• Related Attorney(s):
• Michael P. Shaw

• Practice Area(s):
• Business and Corporate Law
• , Administrative Law, 
• Securities Law

Over the last few years, the Securities and Exchange Commission (SEC), Department of Labor (DOL), and Financial Industry Regulatory Authority (FINRA) have focused on sweeping changes to the duties owed to clients, fee structures, potential conflicts of interest, and protecting senior investors as part of a series of new rules and regulations affecting the financial services business model and related investigation and enforcement actions. 

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Maryland’s Court of Special Appeals Observes Key Distinctions Between Examinations Under Oath and Depositions

• Related Attorney(s):
• Craig D. Roswell, 
• Bryant S. Green

• Practice Area(s):
• Commercial Litigation, 
• Insurance Law, 
• Property Insurance Law

The Maryland Court of Special Appeals observed in Dolan v. Kemper Independence Ins. Co. the distinctions between an Examination Under Oath (“EUO”) and a deposition, strongly affirming that in addition to one deposition a party can generally conduct in litigation, an insurer can also conduct one or more EUOs because they serve vastly different puposes and are governed by different sets of rules. 

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How Financial Advisors Can Avoid Compliance Failures: A Review of SEC 2018 Examination Priorities

• Related Attorney(s):
• Michael P. Shaw

• Practice Area(s):
• Business and Corporate Law
• , Financial Services Law, 
• Securities Law

Financial advisors can get clues about regulators’ top concerns by looking at the SEC’s examination priorities for the coming year, which are published in January of each year by the SEC’s Office of Compliance Inspections and Examination (OCIE). The 2018 examination priorities identified areas where there is increased risk of potential harm to investors and the OCIE has been targeting these risk areas during its examinations of SEC-registered investment advisors.

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Estate Tax Changes Under the 2017 Tax Cuts and Jobs Act

• Related Attorney(s):
• M. David Stallings

• Practice Area(s):
• Estates and Trusts

Effective January 1, 2018, the federal estate tax underwent a massive overhaul with the Tax Cuts and Jobs Act (the “Act”), permitting each individual to pass up to $11.2 million at death completely free from federal estate tax.  With proper planning, married couples will now be able to pass $22.4 million to their heirs at the death of the surviving spouse.  To that end, “portability” remains intact such that the surviving spouse can stack the deceased spouse’s unused exemption to his or her own federal estate tax exemption.

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