St. John’s Law Review Hosts Symposium on the Regulation of Financial Advice

November 05, 2012

Last month, the St. John’s Law Review, the Center for International and Comparative Law, and the Corporate and Securities Law Society hosted the Symposium, “Revolution in the Regulation of Financial Advice: The U.S., the U.K. and Australia” at St. John’s University’s Manhattan Campus. The event featured three panels exploring different facets of the likely changes in investment adviser regulation after Dodd-Frank in the United States and changes in compensation practices for investment advice to retail consumers in the United Kingdom and Australia.

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To start the program, St. John’s Law Professor Francis J. Facciolo set the stage for the day’s engaging conversation by introducing the topics that would be explored during the Symposium, Michael A. Simons, the Law School’s Dean and John V. Brennan  Professor of Law and Ethics, then welcomed the attendees and participants and delivered introductory remarks about the significance of recent changes in financial regulation.

The Symposium’s opening speaker was Brian Shea, Chief Executive Officer of Pershing LLC, a BNY Mellon company. He offered a business person’s perspective on the most recent wave of financial reform in the United States and shared his concerns about developing compliance procedures to navigate the complex new Dodd-Frank regulations. Shea also expressed reservations about the Department of Labor’s initiatives toward implementing a heightened standard of care for advisers who work with certain employee pension plans.

The first panel addressing “The Future of Fiduciary Duties for Financial Advice” was moderated by Christine Lazaro, Supervising Attorney for the Securities Arbitration Clinic at St. John’s School of Law. Panelists Ryan K. Bakhtiari, partner at Aidikoff, Uhl & Bakhtiari, Mercer E. Bullard, Professor at the University of Mississippi School of Law, Andrew J. Melnick, partner at Schindler Cohen & Hochman LLP, and Paul R. Walsh, Vice President, Assistant GC & Compliance Director at JP Morgan Chase, assessed the likely efficacy of a heightened standard of care for all individuals who provide investment advice, and the diversity of their respective experiences greatly enriched the discussion.

Following an introduction by Amanda Jaret ‘13, Symposium Editor for the St. John’s Law Review, Phyllis C. Borzi, Assistant Secretary of Labor for the Employee Benefits Security Administration of the United States Department of Labor, delivered the Symposium’s keynote address. Her dynamic speech focused on the Department of Labor’s proposed regulations that would hold all individuals who provide financial advice to covered employee pension plans to a fiduciary standard of care. Borzi animated the audience by adapting her remarks to respond to points made by Symposium participants earlier in the day.

After the keynote, the second panel considered “The Structure of Regulation for Investment Advisers: A Self-Regulatory Organization or Not?” Moderated by Professor Facciolo, the discussion included panelists Jeffrey J. Hass, Professor at New York Law School, Anita K. Krug, Professor at the University of Washington School of Law, Mark Tibergien, CEO of Pershing Advisor Solutions, and David Tittsworth, Executive Director/ Executive Vice President of the Investment Adviser Association, who  addressed the viability of designating the Financial Industry Regulatory Authority (FINRA) as a self-regulatory organization for investment advisers and other possible reforms to the regulatory structure for investment advisers.

The Symposium’s final panel, also moderated by Professor Facciolo, explored “International Issues in the Regulation of Financial Advice, providing a range of perspectives on the international implications of changing financial regulations in the United States, the United Kingdom, and Australia. Panelist Arthur B. Laby, Professor at Rutgers University School of Law-Camden, discussed the potential extraterritorial applications of American financial regulations in light of the Morrison case. Gerard McMeel, Professor from the University of Bristol Law School & Guild Hall Chambers, Bristol, described the United Kingdom’s new approaches to regulating compensation practices for those who provide investment advice to retail consumers. Panelists Richard Batten, Partner at Minter Ellison, and Gail Pearson, Professor from the University of Sydney Business School, delivered a joint presentation exploring the dimensions of Australia’s new substantive financial regulations and emphasized the regulations’ benefits for consumers of financial advice. 

To close the program, Professor Facciolo shared concluding remarks and thanked the panelists and the many practitioners, business people, government attorneys, and students who attended the Symposium. Reflecting on the day, Professor Facciolo said: “We were excited that we could bring together such a diverse group of speakers. Unlike many academic events, there was a mix of practicing attorneys and legal academics who shed both practical and theoretical light into how investment advice to retail customers should be regulated. The opportunity to hear speeches from Brian Shea, a leading business leader in financial services, and Phyllis Borzi from the Department of Labor added another dimension to the whole day, allowing us to hear how the financial services industry and one of its primary regulators each approach financial regulation."

At the post-event reception, attendees and participants had an opportunity to network and continue the conversation across the range of topics. “I’m delighted that the Symposium was so successful,” Amanda Jaret said. “Helping plan and facilitate this international conversation about financial regulation was one of the greatest thrills of my law school career. The most amazing part of the day was Assistant Secretary of Labor Phyllis Borzi's decision to abandon her prepared speech so that she could provide a more tailored keynote address incorporating criticisms and commentary from the morning session. There was a remarkably smooth give-and-take among all the panelists, and those who attended seemed pleased that we offered a forum that simultaneously explored discrete topics and wove them together into a unified whole. We look forward to publishing the panelists’ papers in the St. John’s Law Review.”