Francis J. Facciolo

Professor of Legal Writing
B.A., Columbia University; M.A., Hunter College M.Ph., Graduate Center of the City University of New York J.D., Columbia University Bar admission New York State 1984

Professor Facciolo practiced for ten years as a transactional corporate attorney in several major New York City law firms before becoming a law professor.  Professor Facciolo is the Assistant Director of the Securities Arbitration Clinic at the St. John's University School of Law and teaches Regulation of Investment Companies and Corporate Finance. As an adjunct professor, he also teaches Sales and Payment Systems, Securities Regulation and Federal Regulation of Mutual Funds at New York Law School. Finally, he developed and taught a course for several years on the Regulation of Securities Markets and Broker-dealers at Hofstra School of Law.

He has published numerous articles in the areas of securities law (with specialties in the law of broker-dealers, investment companies and investment advisers), payment systems, the Uniform Commercial Code (specifically Articles 1 and 8), and secured lending.

He received his J.D. from Columbia Law School and is a former clerk for Justice Sidney M. Schreiber of the New Jersey Supreme Court.

Works in Progress

From Self-Regulation to Private Regulation: Arbitrations Involving Members of the New York Stock Exchange from 1820 – 1941.

The Future of Investment Adviser Regulation: Australia, the United Kingdom and the United States

Law Review Articles

Introduction to Symposium: Revolution in the Regulation of Financial Advice: The U.S., the U.K. and Australia, St. John's Law Review Vol. 87, Numbers 2-3, Article 1 (2013).

Unauthorized Payment Transactions and Who Should Bear the Losses, Chicago-Kent Law Review, Vol. 83, Issue 2, (2008).

A Broker's Duty of Best Execution in the Nineteenth and Early Twentieth Centuries, Pace Law Review, Vol. 26, Issue 1, (2005).

When Deference Becomes Abdication: Immunizing Widespread Broker-Dealer Practices From Judicial Review Through the Possibility of SEC Oversight, Mississippi Law Journal, Vol. 73, (2003).

Father Knows Best: Revised Article 8 and the Individual Investor, Florida State University Law Review, Vol. 27, Issue 3, (2000).

Avoiding the Inevitable: The Continuing Viability of State Law Claims in the Face of Primary Jurisdiction and Preemption Challenges under the Securities Exchange Act of 1934, Columbia Business Law Review, Vol. 1995, Issue 3, (1995).

Illegal Lofts in New York City: Have the Equities Been Balanced, Fordham Urban Law Journal, Vol. 14, No. 3, (1986).

Legal Periodical Articles

Sub-Adviser Fee Litigation: Will Section 36(b) Acquire Teeth?; Outside Counsel, New York Law Journal, March 17, 2015.

Do I Have a Bridge for You: Fiduciary Duties and Investment Advice, University of Pennsylvania Journal of Business Law, Vol. 17, 2015.

Exculpatory Hedge Clauses in Investment Advisory Contracts: Development Since Heitman Capital, The Investment Lawyer, Vol. 21, No. 2, February 2014.

New Wave of Cases Involving Investment Adviser Fees, New York Law Journal, October 10, 2013.

The Revolution in Investment Adviser Regulation, The Investment Lawyer, October 2011.

When Should a Broker-Dealer Be Treated as an Investment Adviser, New York Law Journal, August 1, 2011.

Reviewing Article 8’s Revised Collusion Standard, New York Law Journal, March 27, 2001, page 1.

Legislature Mulls Change of Article 8, New York Law Journal, October 17, 1996, page 7; reprinted in UCC Bulletin (April 1997).

Co-author of Order Flow Cases:  Jurisdiction, Preemption and Securities Laws,New York Law Journal, May 9, 1995, page 1.

Co-author of Double Jeopardy Issues in the Financial Sector, New York Law Journal, August 3, 1994, page 1; reprinted in 20 RICO Law Reporter 1139 (1994).

Book Essays and Reviews

Book Review of Project Finance, 11 Boston University International Law Journal 165 (1993).

Book Review of Legal Realism at Yale, 1927-1960, 34 The American Journal of Jurisprudence 252 (1989).

Book Review of Lawyers in Business and the Law Business, 21 Law and Policy in International Business 309 (1989).

Continuing Legal Education Publications

Case Study: Paper Deinking Mills, a paper presented at a seminar on Project Finance Opportunities in Recent Environmental Legislation (1992).

Co-author of Negotiating Debt and Equity Documents for Construction and Operation (and a related case study) in Course Handbook for Project Finance: A Tutorial (Infocast ed., Chicago, 1991 & 1992).

Bar Association Reports

Uniform State Laws Committee, Association of the Bar of the City of New York, Revised Article 1 of the Uniform Commercial Code, 59 The Record 176 (2004) (abbreviated version);  (full version).  I was the chair of the subcommittee that drafted the report and had primary drafting responsibility for the section on revised section 1-301, the new choice of law section.

Commercial Law and Uniform State Laws Committee, New York City Bar, Second Report on Revised Article 1 of the Uniform Commercial Code . I was the chair of the subcommittee that revised the original report.