Brian is a partner in the firm’s Government Investigations and White Collar Litigation Department and member of the Securities Enforcement & Litigation team. Brian counsels financial institution clients with a focus on issues that cut across their broker-dealer, investment adviser, and bank fiduciary business models. This includes advising clients on business and regulatory issues at the intersection of the differing federal and state regulatory schemes that impact their business models, including the U.S. federal and state securities laws, Office of the Comptroller of the Currency (OCC) rules governing bank fiduciaries, and laws governing retirement account fiduciaries under the Employee Retirement Income Security Act of 1974 (ERISA) and Section 4975 of the Internal Revenue Code of 1986.
Brian draws not just from his substantive expertise, but also from his experience in lobbying and advocacy while working for an investment management trade association on issues under the Dodd-Frank Wall Street Reform and Consumer Protection Act and his understanding of the internal workings of the Securities and Exchange Commission (SEC). Brian has held multiple positions in the SEC’s Division of Trading and Markets. While at the SEC, Brian played an active role in SEC staff deliberations over the harmonization of broker-dealer and investment adviser regulations as well as issues impacting retirement accounts and the SEC’s adoption of regulations impacting municipal advisors.
Advised one of the world’s premiere asset managers in launching a robo advisor.
Counseled broker-dealers in establishing disclosure and compliance programs in response to the SEC’s Regulation Best Interest and Form CRS.
Conducted analyses of litigation and regulatory enforcement risks under Regulation Best Interest and an investment adviser’s fiduciary duty.
Represented financial institutions on regulatory issues in acquiring broker-dealers and investment advises.
Advised large financial institution in rationalizing the structure of its various investment advisory and bank fiduciary offerings.
Represented an industry trade association in receiving SEC staff no-action relief from issues raised by the European Union’s Markets in Financial Instruments Directive II (MiFID II).
Counseled investment advisers on status issues, registration, satisfaction of fiduciary duties, and adoption and implementation of compliance policies and procedures.
Advised broker-dealers on status issues, sales practices under SEC, Financial Industry Regulatory Authority (FINRA), and Municipal Securities Rulemaking Board (MSRB) rules.
Former Editor in Chief, Vanderbilt Journal of Entertainment and Technology Law