Author Archive:
Erwin Shustak
Are You Considered an ERISA Fiduciary Now
Read more: Are You Considered an ERISA Fiduciary NowOn April 25, 2024, with the enactment of the final version of its Retirement Security Rule (the “Final Rule”), the Department of Labor (“DOL”) imposed a fiduciary standard under the Employee Retirement Income Security Act of 1974 (“ERISA”) that it believes will “uniformly apply to all investment advice that is provided to [retirement investors], concerning…
Stay Ahead of Uncertainty:
Read more: Stay Ahead of Uncertainty:How the FTC’s New Ban on Non-Compete Provisions Impacts Your Business & Strategies You Can Adopt to Help Prepare for This Major Regulation The FTC’s new rule banning most non-compete provisions, which takes effect September 4, 2024, will materially transform the employment landscape. The rule is a sweeping change affecting most industries and takes effect…
Regulation S-P Changes: What You Need to Know
Read more: Regulation S-P Changes: What You Need to KnowOn May 16, 2024, the Securities and Exchange Commission (“SEC”) adopted significant amendments to Regulation S-P (“Reg S-P”). Among other changes, these amendments require covered institutions to create written policies and procedures for incident response programs addressing unauthorized access to or use of customer data. What is Regulation S-P? Reg S-P is a set of…
New FinCen Mandatory Filing Requirement
Read more: New FinCen Mandatory Filing RequirementIf you have an established company or are planning to start a new company in 2024 or beyond, please read this letter carefully. There are new U.S. filing requirements under the Financial Crimes Enforcement Network (FinCen) that affect all U.S. companies; C-corporations; S-corporations; limited liability companies; and limited liability partnerships. What Is FinCEN BOI Reporting? FinCEN…
SEC Rules 3A5-4 AND 3A44-2 Requiring Registration Of Liquidity-Providing Persons As “Dealers”
Read more: SEC Rules 3A5-4 AND 3A44-2 Requiring Registration Of Liquidity-Providing Persons As “Dealers”By Robert R. Boeche, Partner; Robert D. Conca, Partner; and Eden Elkayam, Law Clerk of Shustak Reynolds & Partners, P.C. posted on Tuesday, March 19, 2024. What Are the New Rules About? On February 6, 2024, the Securities and Exchange Commission (“SEC”) adopted Rules 3a5-4 and 3a44-2 (“Final Rules”) defining the phrase “as a part of a regular business” and…
New Reporting Requirements Under The Corporate Transparency Act
Read more: New Reporting Requirements Under The Corporate Transparency ActBy Robert R. Boeche, Partner; Robert D. Conca, Partner; and Eden Elkayam, Law Clerk of Shustak Reynolds & Partners, P.C. posted on Tuesday, March 19, 2024. Beginning January 2024, several new laws began to take effect, impacting various professionals – specifically those U.S. businesses and entities who file documents with the secretary of state. The U.S. Department of the Treasury’s…
The Securities And Exchange Commission Announces New Set Of Private Fund Rules
Read more: The Securities And Exchange Commission Announces New Set Of Private Fund RulesBy Robert R. Boeche, Partner; Robert D. Conca, Partner; and Eden Elkayam, Law Clerk of Shustak Reynolds & Partners, P.C. posted on Tuesday, March 19, 2024. On August 23, 2023, the Securities and Exchange Commission (“SEC”) adopted new rules regarding the regulation of private funds and their advisors, providing an update to the existing compliance rules already in place for…
RECENT AMENDMENTS TO CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 16600: SHARPER TEETH FOR A POTENT STATUTE AND A SERIOUS TRAP FOR UNWARY EMPLOYERS
Read more: RECENT AMENDMENTS TO CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 16600: SHARPER TEETH FOR A POTENT STATUTE AND A SERIOUS TRAP FOR UNWARY EMPLOYERSBy: Erwin J. Shustak, Managing Partner On January 1st, California ushered in a new era of employee freedom by enacting two new bills amending California’s Business and Professions Code §16600 – SB 699 and AB 1076. Both laws, which took effect January 1, 2024, significantly reformed California’s public policy and long standing, anti-noncompete law, considered…
What You Need to Know About FINRA’s New Expungement Rules-The Essentials
Read more: What You Need to Know About FINRA’s New Expungement Rules-The EssentialsFINRA’s amendments to the Code of Arbitration Procedure modifying the Process Relating to Expungement of Customer Dispute Information take effect October 16, 2023. Many registered representatives have, or will have, “dings” on their CRD (Central Registration Depository) records, which have been readily available to the public through FINRA’s online, BrokerCheck portal. As more and more…
Podcast: Other People’s Money – The Rise Of Fraud In The Crypto & NFT Worlds
Read more: Podcast: Other People’s Money – The Rise Of Fraud In The Crypto & NFT WorldsWe have partnered with Richard Levick who hosts the In House warrior podcast. Erwin Shustak, founder and Managing Partner of Shustak Reynolds & Partners, who for more than 30 years served as an arbitrator for the Financial Industry Regulatory Authority (FINRA) joins host Richard Levick of LEVICK to discuss the rise of fraud in new…
Be Honest – Were You Really Prepared For a Massive Business Disruption? COVID-19, the SEC and Finanical Professionals
Read more: Be Honest – Were You Really Prepared For a Massive Business Disruption? COVID-19, the SEC and Finanical ProfessionalsBy: Robert “Bob” Boeche, II, Partner The outbreak of the COVID-19 pandemic, subsequent closures of businesses and mandated “quarantine” laws have had dramatic effects that permeate nearly every facet of our lives. With the markets wildly fluctuating, and advisers being deemed an “essential” service, most advisers are juggling responsibilities to their clients with trying to…
COVID-19 & Shustak Reynolds’ Continued Business Operations
Read more: COVID-19 & Shustak Reynolds’ Continued Business OperationsAs we collectively navigate the unfolding Coronavirus pandemic, we want to assure our clients and colleagues that our firm will remain open for business regardless of the challenges ahead. We have implemented a contingency plan that allows our lawyers and staff to continue to operate remotely, if necessary, in a seamless, non-disruptive manner. We have planned…