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Best Interest Compliance

Overview

Our national Best Interest compliance team assists clients in interpreting and preparing for compliance with the evolving and overlapping federal and state laws and regulations related to the standard of care for broker-dealers, investment advisers, and insurance companies, agents and brokers. We offer an interdisciplinary team that draws from Faegre Drinker’s investment management, ERISA, Securities and Exchange Commission (SEC) and regulatory enforcement defense, litigation/FINRA arbitration and compliance, class action defense, and insurance regulatory and transactional practices. Our team puts experienced litigators, legislative professionals, compliance attorneys and former regulators in your corner.

We actively assist investment managers, broker-dealers, registered investment advisers, retirement plan/IRA service providers and insurance companies with the challenges resulting from the ever-changing regulations from the SEC, Financial Industry Regulatory Authority (FINRA), the Department of Labor and state agencies related to fiduciary requirements and best interest duties.

Best Interest Compliance Counsel

We help formulate compliance practices, supervisory procedures and internal controls and determine whether compliance policies and procedures are implemented as written. Our attorneys draft agreements, disclosure documents and written supervisory procedures to assist with implementing the new standard of care, and supervision of that standard. We also advise clients on developing products and services that are consistent with fiduciary/best interest standards and mitigation and disclosure of conflicts of interest.

Best Interest Investigations, Litigation and Enforcement

We represent clients involved in investigations and enforcement matters before agencies such as the SEC, the Department of Labor (DOL), the Internal Revenue Service (IRS), FINRA and other self-regulatory or state agencies. Our attorneys also provide independent assessments of risk management and supervisory frameworks, and overall compliance policies and procedures related to conflicts of interest, breaches of fiduciary duty and securities law violations. In addition, we represent broker-dealers, investment advisers, insurance companies and other financial services entities in litigation and arbitration matters on standards of care and conflicts of interest.

Meet The Team

Insights

Insights

Blog Post June 2023

You Made the List: SEC’s Spring Agenda Would Impact Broker-Dealers

Broker Dealer Law Blog
1 min read  
Blog Post June 2023

Recent State Fiduciary and Best Interest Developments

Broker Dealer Law Blog
1 min read  
Blog Post May 2023

"Or Worse, Expelled."

Broker Dealer Law Blog
1 min read  
Blog Post May 2023

Tax Credits for Starting Up Small Employer Plans: What You Need to Know

Broker Dealer Law Blog
1 min read  
Blog Post April 2023

SIFMA C&L March 2023 Annual Conference – A Focus on Crypto

Broker Dealer Law Blog
1 min read  
Blog Post March 2023

Florida Court Decision’s Impact on Rollover Advice

Broker Dealer Law Blog
2 min read  
Blog Post March 2023

You Might Want to Write Down Why You Recommended that Rollover

1 min read  
Blog Post February 2023

The DOL’s New Fiduciary Rule: What We Can Expect

1 min read  
Blog Post February 2023

New Year’s Priorities: FINRA Releases its 2023 Report on its Examination and Risk Monitoring Program

1 min read  
Blog Post January 2023

Managing IRAs: Charging Different Fees for Different Investments

1 min read  
Blog Post December 2022

FINRA Is Conducting a Targeted Exam of “Crypto Assets”

1 min read  
Blog Post November 2022

Rollover Recommendations – Do the SEC and DOL Requirements Align?

1 min read  
Blog Post October 2022

16 “At One Blow” – The SEC Sanctions for Recordkeeping Failures

1 min read  
Blog Post September 2022

What Broker-Dealers Need to Know About Correcting PTE 2020-02 Mistakes

1 min read  
Blog Post August 2022

And Now for the SEC’s First Substantive Reg BI Action

1 min read  
Media Mentions February 2021

ThinkAdvisor Shares Insight From Faegre Drinker Partners on the Current DOL and SEC Regulatory Environment

2 min read  
Media Mentions January 2021

Fred Reish Comments on the Appointment of New Labor Secretary

1 min read  
Media Mentions November 2020

Brad Campbell and Fred Reish Speak with ThinkAdvisor About What’s Next for the DOL Fiduciary Rule

2 min read  
Media Mentions November 2020

Fred Reish Speaks with The Wall Street Journal about the DOL’s Proposed Fiduciary Rule

2 min read  
Media Mentions November 2020

Brad Campbell Discusses How the Election Outcome Could Impact DOL’s Fiduciary Rule

2 min read  
Media Mentions October 2020

Fred Reish Discusses Advisor and Broker-Dealer Compliance with Reg BI

1 min read  
Media Mentions September 2020

Brad Campbell Discusses Issues With DOL Investment Advice Rule

2 min read  
Publication August 2020

Have No Fear, Reg BI Is Finally Here

11 min read  
Podcast August 2020

Brad Campbell Discusses the DOL Fiduciary Rule on ThinkAdvisor’s Human Capital Podcast

1 min read  
Media Mentions June 2020

The Wall Street Journal Quotes Fred Reish on Impact of DOL’s Proposed Rule for Retirement Accounts

2 min read  
Media Mentions June 2020

Fred Reish Shares Considerations for Investors under Reg BI with CNBC

1 min read  
Media Mentions June 2020

Brad Campbell and Fred Reish Comment on DOL’s Proposed Fiduciary Rule

2 min read  
Published Articles May/June 2020

Client Relationship Summary: Who Exactly Needs to Receive a Form CRS?

1 min read  
Updates April 2020

SEC Exam Guidance for Reg BI Compliance

6 min read  
Updates April 2020

SEC Issues Exam Guidance and New FAQs for Form CRS Compliance

8 min read  
Updates February 2020

The SEC Trading and Markets Reg BI FAQ and the SEC’s and FINRA’s Plans for Reg BI Exams

13 min read  
Media Mentions February 2020

Brad Campbell and Jim Lundy Quoted by ThinkAdvisor

1 min read  
Updates January 2020

Data on Trial

1 min read  
Media Mentions October 2019

Brad Campbell, Sandy Grannum, Jim Lundy and Fred Reish Quoted by ThinkAdvisor

1 min read  
Media Mentions October 2019

David Williams Comments on Compensation Conflicts of Interest Involving Dually-Registered Advisors

2 min read  
Updates October 2019

SEC Division of Investment Management Releases FAQs Regarding Disclosure of Financial Conflicts Related to Investment Adviser Compensation

6 min read  
Updates October 2019

Digging into the SEC’s Final RIA Guidance – And Why It Repeatedly Uses the Term “Best Interest”

8 min read  
Updates October 2019

The Risks of Giving Advice to 401(k) Participants

1 min read  
Media Mentions September 2019

Fred Reish Comments on Labor Secretary Nominee’s Senate Committee Hearing

1 min read  
Media Mentions August 2019

Fred Reish Discusses Recusal Calls and Fiduciary Rule Conflicts Involving Trump’s Nomination for Secretary of Labor

2 min read  
Media Mentions August 2019

Jim Lundy and Fred Reish Discuss Compliance with SEC Advice-Standards Package and Possible FINRA Rule Changes

3 min read  
Media Mentions August 2019

Fred Reish Comments on IRS Ruling on Uncashed Retirement Distribution Checks

2 min read  
Media Mentions August 2019

Fred Reish Comments on the New Obligations for Broker-Dealers Under Reg BI

2 min read  
Updates August 19, 2019

REG BI, FORM CRS: The TARDIS of Disclosure Requirements

7 min read  
Updates August 16, 2019

The SEC’s Standard on IRA Rollovers

1 min read  
Media Mentions August 2019

Fred Reish Comments on 401k Fiduciary Conflicts for Small Business Owners

1 min read  
Media Mentions July 30, 2019

CNBC Quotes Jim Lundy and Fred Reish on New SEC Investor Protection Rule

2 min read  
Media Mentions July 2019

BenefitsPro Covers Broker-Dealer Prep for Reg BI with Analysis from Four Drinker Biddle Partners

3 min read  
Media Mentions July 2019

Fred Reish Provides Insight on New SEC Regulation Best Interest

2 min read  
Media Mentions July 2019

Fred Reish Quoted in ThinkAdvisor on Labor Secretary’s Resignation Affecting DOL Fiduciary Rule

1 min read  
Media Mentions June 2019

Fred Reish Quoted in Pensions & Investments on Reg BI Affecting Fiduciary Rule

1 min read  
Media Mentions June 2019

Fred Reish Quoted in InvestmentNews on Rollover Changes under New SEC Rules

2 min read  
Updates June 12, 2019

The Final Reg BI Package: What to Know and What’s Next

11 min read  
Updates May 29, 2019

The SEC’s Reg BI Package: Time to Vote

3 min read  
Updates January 31, 2019

FINRA’s 529 Plan Share Class Initiative to Self-Report

5 min read  
Updates July 2018

2018 SEC Best Interest Proposals

1 min read  
Updates April 25, 2018

SEC Proposes Regulations to Reform Retail Investment Standards

8 min read  
Updates March 20, 2018

Fifth Circuit Vacates Fiduciary Rule

6 min read  
Updates January 11, 2018

New York Department of Financial Services Proposes Fiduciary Regulation

7 min read