Financial Services

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In such a highly regulated industry, do you have all of your bases covered? Working with broker/dealers, RIAs and wealth management professionals, we know what it takes to keep you in compliance.

Overview

Who We Are

Greensfelder’s financial services attorneys are experienced and work within multiple practice groups of the firm.  Drawing from backgrounds in business, finance and accounting, we provide a broad range of representation and counseling to clients in the financial services industry, including litigation and dispute resolution, internal investigations, representation in regulatory proceedings, counseling to brokers and advisors during the onboarding process, enforcement of non-solicit and non-competition agreements, representing borrowers and lenders in financing transactions, protecting intellectual property, trademark, copyright and advertising rights for Fin Tech businesses, and managing the collection, review and production of e-discovery data for litigation or regulatory matters.  We are proud to be trusted advisors to national, regional, and community-based banks and other depository institutions, trust companies, broker-dealers, registered investment advisors, and other financial services firms.

Why Financial Services Clients Choose Greensfelder

Through decades of work in the industry and the annual Securities Industry Symposium that Greensfelder hosts with the Bar Association of Metropolitan St. Louis, Greensfelder has developed an ongoing working relationship and regular cadence with national and regional regulators including the SEC, FINRA, and many state regulators. The symposium highlights cutting-edge topics for stakeholders in the financial services industry and provides regulators with the equivalent of a live focus group, providing all attendees with the opportunity to discuss trends in the industry, challenges with regulatory compliance, and other relevant topics.

What We Do For Broker-Dealers and Registered Investment Advisors

Our broker-dealer and RIA clients rely on our team to provide a broad scope of legal services, including:

  • Litigation services, such as assisting clients in responding to pre-suit customer complaints, defending claims filed in court or arbitration, and managing litigation risk by negotiating pre-suit resolutions and filing interpleader or declaratory judgment actions
  • Regulatory services, including internal investigation, self-reporting, negotiating and responding to discovery requests, handling on-the-record interviews, negotiating the resolution of such matters, and coordinating multiple investigations targeting the same conduct
  • Assisting with protocol and non-protocol transitions, and any corresponding litigation and assistance in obtaining individual registration
  • E-discovery data support, including the collection, review, and production of materials
  • Providing guidance on policies and procedures relating to complex and alternative products, books and records, cybersecurity, data rights and data privacy, supervision, unclaimed property, due diligence, vendor management, etc.
  • Reviewing business practices, business areas and auditing
  • Drafting and updating written disclosures relating to conflicts, product-specific risks, etc.
  • Advising on compliance and regulatory issues such as SEC Regulation Best Interest (BI)
  • Counseling on wage and hour issues and overtime
  • Counseling on trademark protection, licensing, and other IP-related matters
  • Creating customer/employment/succession planning agreements
  • Preparation of employment agreements
  • Assisting with reportable events
  • Providing a hotline to firms on issues related to trusts, estates, POA, and wills
  • Structuring and forming financial services business entities
  • Advice regarding intellectual property protection and enforcement relating to financial technology
  • Advice and review of advertising materials, trademark, copyright, written communications, and other firm documents, such as Forms ADV, Form U-4, code of ethics, solicitor agreements, etc.

What We Do For Trust Companies and Wealth Management

When bringing a new product line to market, financial services firms seek Greensfelder’s counsel throughout the process, receiving guidance from start to finish. Greensfelder will create the policies, procedures, disclosures and all relative agreements necessary to establish and document each transaction. Our team also assists by guiding clients through internal analysis, compliance, supervision, marketing and advertising, suitability, product review and development, due diligence, disclosures and final agreements needed to bring the new product on line.

Attorneys

Experience

Representative Matters

  • Investment advisor and investment company entity-formation, registration and compliance counseling
  • Providing advice regarding securities laws, including counseling on compliance with public company reporting obligations, regulatory compliance and reporting, and dual registration issues
  • Compliance counseling for privacy, security and data protection requirements
  • Providing advice regarding Dodd-Frank compliance matters
  • Advising/litigating with respect to prohibited practices and fiduciary obligations under ERISA, the Internal Revenue Code and state pension statutes
  • Advising/litigating on matters that concern a firm’s employment relationships, including whistleblower issues, broker defection and transition matters, raiding, retaliation and discrimination cases
  • Advising/litigating all aspects of troubled loans, including workouts, modification, forbearance agreements, default loan litigation and foreclosures
  • Assisting in identifying, collecting, reviewing and producing documents, including ESI, in response to regulatory requests, in litigation and arbitration
  • Regulatory litigation, compliance counseling and negotiation with state, federal and industry regulators
  • Representing firms in national litigation and arbitration covering wide-ranging products and subject matters including failure to supervise, unsuitability, churning, insider trading, fraud, elder abuse, trust/power of attorney issues and breach of fiduciary duty
  • Class-action defense involving mutual fund disclosures, product failures, alleged fraudulent investments and wage and hour issues

News & Insights

Publications

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