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MoFo Structured Thoughts

“Structured Thoughts” is Morrison & Foerster LLP’s newsletter relating to developments in the structured products industry. This page sets forth hyperlinks to our prior issues, and a list of the articles in these issues.

  • 11/15/17 Volume 8, Issue 8
    • Sales of VIX-Linked ETPs – Back to Basics for FINRA
    • Recent SEC and FINRA Actions Relating to Survivor’s Options
    • FINRA Mark-Up Rules and Offerings to Advisory Accounts
    • SEC Announces Efforts to Protect Retail Investors and to Take on Cyber Threats
    • Structured Products Magazine Conference
  • 9/26/17 Volume 8, Issue 7
    • LIBOR: The End Game
    • Structured Notes and Regulation M: A Primer
    • New EU Prospectus Regulations: Impact on Structured Notes Offered in the EEA
    • KIDs and the U.S. Securities Laws
    • FINRA Fines Broker-Dealers for Sales of Non-Traditional ETFs
    • NASAA Survey Finds Seniors Are Most Vulnerable to Financial Fraud
    • Changes to S&P and Russell Index Methodologies
  • 7/12/17 Volume 8, Issue 6
    • Canadian Bail-in and TLAC Rules: Impact on Structured Notes Offered in the United States
    • FINRA: May 2018 Effective Date for Mark-Up Rules
    • Structured Products Educational Materials
    • (Far) Eastern Exposure: MSCI to Include Chinese A-Shares in Major Indices
    • DOL Issues Request for Information Regarding Fiduciary Rule
    • FINRA Permits Related Performance Information in Institutional Communications for Registered Closed-End Funds
  • 6/2/17 Volume 8, Issue 5
    • Implementing the DOL Fiduciary Rule
    • Living with the DOL Fiduciary Rule: Be Prepared for the June 9 Implementation Date
    • SEC Registration of Structured UITs
    • Section 871(m) Regulations: Changes Made by January 2017 Guidance
    • IRS Attacking Basket Option Strategies
    • Impact of T+2 Change on Existing Tax Rulings
    • Proposed EMIR II – Key Points for Derivatives Markets Participants
    • Is Delivery of ETNs to Settle Short Sales by Dealers within the Exemption from SEC Registration Provided by the Registered Hedging No-Action Letter?
  • 5/1/17 Volume 8, Issue 4
    • FINRA’s Proposed Amendments to the Corporate Financing Rules – Impact on Structured Notes
    • Massachusetts Secretary of State Challenges Sales of Structured CDs and Other Complex Products
    • FINRA Observes Second Anniversary of Its Senior Helpline
    • FINRA Revises Its Sanction Guidelines
  • 4/4/17 Volume 8, Issue 3
    • SEC’s Roll Out of “POSITIER”
    • PRIIPS Update: EU Commission Adopts Revised RTS
    • T+2 Ready to Go for 2017
    • Canadian Banks and XBRL
    • The SEC, Guide 3, and Bank Issuers
    • Shelf Updates and Hyperlinks
    • FINRA Issues (Another) Investor Alert Relating to Binary Options
    • Structured Products 2016 At A Glance Infographic
    • Haiku Corner
  • 2/23/17 Volume 8, Issue 2
    • Identifying Conflicts of Interest in Structured Products Offerings
    • FINRA Advertising and Structured Products: The Current State of Play
    • FINRA Proposes Amendments to Communication Rules to Permit Projected Performance of an Investment Strategy
    • Failure to Follow Compliance Policies in Connection with ETF Sales Leads to SEC Sanctions
    • Broad-Based vs. Narrow-Based Indices
  • 1/24/17 Volume 8, Issue 1
    • S. Court of Appeals Upholds SEC’s Backtesting Finding
    • The Department of Labor’s Fiduciary Rules: Potential Revisions to MSDA Forms
    • Structured Product Offerings: A Framework for Post-Approval Review
    • OCIE and FINRA Announce Exam Priorities for 2017
    • DTC’s MMI System Ends Processing of Physical Delivery Option Securities
    • DOL: Additional Guidance on Fiduciary Rule
  • 12/27/16 Special Issue
    • Final TLAC Rules and Structured Products
    • IRS Provides Guidance on TLAC
    • DTC Announces New Eligibility Procedures for Section 871(m) Transactions
    • EU Regulatory Agenda: What to Expect in 2017
    • U.S. Regulatory Agenda: What to Expect in 2017 (for Structured Products)
  • 12/13/16 Volume 7, Issue 12
    • FDIC Adopts New Recordkeeping Requirements for Large Banks – Modifies Original Proposal as to Brokered CDs
    • IRS Partially Delays 871(m) Effective Date
    • SEC Commissioner References Recent RevCon Settlement in Big Data Speech
    • SEC Chair Discusses Enforcement Record and Enforcement Priorities
    • Conditional Offers to Buy
    • SEC Approves FINRA Rules for Enhanced Pricing Disclosure for Fixed-Income Securities
    • What Is the Future of the DOL Fiduciary Rule?
    • Shaping MREL for European (and non-European) Banks
  • 11/17/16 Volume 7, Issue 11
    • Structured Products Legal and Regulatory Conference: November 2016
    • Riskless Principal Transactions
    • Department of Labor Issues Initial Guidance on Fiduciary Rule
    • ETN Issuers Affected by Proposed Changes to Nasdaq Listing Rules
    • Inside FINRA’s “Cross-Selling Sweep”
    • Extension to Implementation Date of PRIIPs Regulation
  • 10/6/16 Volume 7, Issue 10
    • FINRA Revises its Proposed Amendments to Rule 2210
    • The SEC Takes Action on Structured Product Training Materials
    • The NASAA 2016 Enforcement Report and Structured Products
    • Real Estate Shares Form Own Sector
    • Building a Better Redemption Provision
  • 9/14/16 Volume 7, Issue 9
    • Updating Unregistered Structured Note Programs: How Frequently?
    • SEC Challenges Use of Survivor Options
    • TLAC: Clearing up Misconceptions
    • Credit-Linked Notes: Germany and the United States
    • Recent Canadian Tax Proposals Further Amend the Tax Treatment of Linked Notes
    • FINRA TRACE Reporting and Time of Execution
    • FINRA Re-Proposes Enhanced Pricing Disclosure on Customer Confirmations in Connection with Fixed Income Transactions
    • SEC Rule 206(3)-3T to Sunset on December 31, 2016
  • 8/11/16 Volume 7, Issue 8
    • Brexit and Structured Products: A Framework for Considering Disclosures
    • The SEC’s Negligence Standard: What Is It, and What Does It Mean?
    • Structured Products and the New Department of Labor Rules: A Checklist for Structured Product Manufacturers and Distributors
    • Time Period Extended for Consideration of Amendments to FINRA Communications Rules
  • 7/6/16 Volume 7, Issue 7
    • Financing Subsidiaries and SEC Registration
    • Cover Page Disclosures for Structured Notes
    • FINRA’s Remarks at the Complex Products Forum: Evaluating Contingencies
    • More on Complex Products
    • Investor Advisory Committee Recommends Proposals to the SEC to Enhance Information for Bond Market Investors
    • Brexit and Securities Offerings in the United Kingdom and European Union
    • The Federal Reserve’s Proposed Rules for Financial Contracts of Global Systemically Important Banking Organizations and ISDA’s Resolution Stay Jurisdictional Modular Protocol
  • 5/31/16 Volume 7, Issue 6
    • Structured Notes Offered on an Agency Basis
    • What Is a Proprietary Product?
    • FINRA Proposes Amendments to its New Debt Research Rule
    • “It’s Not a Culture War” – Yet?
    • FDIC Extends Comment Period for Proposed Deposit Account Recordkeeping Rule
    • Where Is the Underwriting Commitment Table?
    • SEC Approves FINRA’s Educational Communication Rule
    • All of Your Favorite Index Definitions in One Easy-to-Reach Location
  • 5/4/16 Special Issue
    • Implications of the DOL Fiduciary Rule for Structured Products
  • 5/2/16 Volume 7, Issue 5
    • Electronic Structured Product Systems and FINRA’s Robo-Advisor Report
    • The SEC’s Regulation S-K Concept Release and Structured Notes
    • OCC Discusses Responsible Financial Innovation
    • PRIIPs – ESAs Publish Final Draft RTS
    • ESMA Publishes Q&A Relating to the Provision of CFDs to Retail Investors
  • 3/31/16 Volume 7, Issue 4
    • FDIC Proposals Could Alter Recordkeeping Requirements for Issuers and Distributors of Brokered CDs
    • Accounting Standards Update 2016-06: Contingent Call and Put Options in Debt Instruments
    • IOSCO Points the Finger at Harmful Conduct
    • IOSCO Publishes Second Review of Financial Benchmarks
    • Ontario Securities Commission Issues Summary Report for Investment Fund and Structured Product Issuers
    • OCIE Opens New Risk and Strategy Office
    • Alternative Issuance Platforms
  • 3/3/16 Volume 7, Issue 3
    • Structured Product Sales at Bank Branches: Networking-Arrangement Rules
    • The SEC Speaks, 2016: A Few Points Relating to Structured Products
    • FINRA Proposes Amendments to Communication Rules – Rule 2273: Educational Communication Related to Recruitment Practices and Account Transfers
    • FINRA Warns Investors About High-Yield CD Offers
    • Historical Underlying Asset Performance: Tables vs. Graphs
    • Structured Products 2015 at a Glance
  • 2/10/16 Volume 7, Issue 2
    • Is There a Standard Form of Rule 144A Representation Letter?
    • Issuer Representations and Frequent Issuers
    • Rule 15a-6 and Structured Note Sales Into the United States
    • How Many Years?: Disclosing Historic Reference Asset Performance
    • Tax Developments for Structured Products
    • The Structured Products Association’s Comment Response Letter to the Federal Reserve Board Regarding TLAC and Structured Notes
  • 1/15/16 Volume 7, Issue 1
    • T+2 Settlement and Structured Notes
    • FINRA Addresses Inaccurate Levels of a Proprietary Index
    • SEC Issues Research Note Relating to August 2015 Equity Market Volatility
    • The OCIE’s and FINRA’s 2016 Priorities Letters and Structured Products
  • 12/14/2015 Volume 6, Issue 9
    • ESMA Final Report on Complex Debt Instruments and Structured Deposits
    • PRIIPs – Latest Consultation Paper from the ESAs
    • Euribor Is Moving to a Transaction-Based Rate
    • SEC Approves Amendments to FINRA Rule 2210 to Require a BrokerCheck Link on Members’ Retail Websites
    • The SEC’s ETN Investor Bulletin
    • EU Regulatory Agenda: Into 2016
    • U.S. Regulatory Developments: What to Expect in 2016
    • Complimentary Webinar: TLAC, the Long-Term Debt Requirement, and the Clean Holding Company Proposal
  • 11/20/2015 Volume 6, Issue 8
    • Structured Notes and Issuer Quiet Periods
    • Key Regulators Speak at Washington Structured Products Conference
    • Long-Term Debt, TLAC and Survivor Options
    • A Way Forward for Structured Notes?
    • FSB Releases Final TLAC Principles
  • 11/4/2015 Volume 6, Issue 7
    • Structured Products Offerings and Research Reports
    • Structured Products and Index License Agreements
    • Structured Notes and the Fed’s Long-Term Debt and TLAC Proposal
    • SEC Sanctions Broker-Dealer and Affiliated Asset Manager for Breaching Information Barriers for ETNs
    • FINRA’s Revised Proposal on Required Firm Disclosures in Customer Confirmations
    • FINRA Issues Investor Alert on Fraudulent Binary Options
    • FINRA Adopts Revisions to Rule 2210 to Require a BrokerCheck Link on Members’ Retail Websites
    • Final and Temporary Dividend Equivalent Regulations Issued
  • 10/15/2015 Volume 6, Issue 6
    • U.S. Structured Warrant Programs
    • Building a Better Survivor’s Option
    • SEC Announces a Settlement with a Structured Products Issuer
    • FINRA Advertising System Expands Submission Formats
    • Structured Products Washington Conference 2015
  • 8/31/2015 Volume 6, Issue 5
    • OCIE Issues Risk Alert Relating to Structured Note Sales
    • FINRA Fines Broker-Dealer Over Institutional Communications and Representative Training
    • PRIIPs Technical Discussion Paper
    • Who Owns this FWP?
    • FINRA Initiates Sweep Relating to Compensation Practices
    • IRS Releases Notices Designating Certain “Basket Contracts” as Listed Transactions and Others as Reportable Transactions of Interest
  • 6/23/2015 Volume 6, Issue 4
    • FINRA Requests Comments on Proposed Amendments to Rule 2210 and Issues Additional FAQs
    • FINRA’s Revised Sanction Guidelines
    • A Uniform Fiduciary Duty Standard and the Structured Products Market
    • FINRA and CARDS
    • The SEC, Structured Products, Disclosure, and Retail Investors
    • SEC Division of Market Regulation Request for Comment Discusses Exchange-Traded Products
  • 5/1/2015 Volume 6, Issue 3
    • The National Senior Investor Initiative
    • SEC Commissioner Addresses Structured Notes
    • The SEC Defines “Voting Equity Securities” Under the Rule 506(d) Bad Actor Disqualification Rules
    • For Members Only: FINRA Updates Rules re: Payments to Non-Members
    • Losing WKSI Status: Consequences for Structured Note Dealers
  • 3/12/2015 Volume 6, Issue 2
    • FCA Publishes Thematic Review on Structured Product Development and Governance
    • EU Commission Review of Prospectus Directive
    • SEC Issues Investor Bulletin Relating to Structured Notes
    • “Bail-inable” Structured Notes
    • Northern Bound: Canadian Regulators Adopt Certain U.S. Regulatory Principles
    • Toronto Stock Exchange Proposes New Listing Requirements for Structured Products
    • Seminar: A Conflicts-Based Approach to SEC and FINRA Priorities
  • 1/26/2015 Volume 6, Issue 1
    • FINRA Releases 2015 Regulatory and Exam Priorities Letter: Structured Products Remain an Area of Focus
    • OCIE Exam Priorities: 2015
    • In Re: TVIX Securities Litigation—Second Circuit Affirms Lower Court Decision
    • ESMA’s MiFID II Technical Advice and Consultation Paper
    • OCC Updates Retail Non-Deposit Investment Product Guidance in Comptroller’s Handbook
    • TLAC and Structured Note
  • 12/23/2014 Volume 5, Issue 9
    • What to Expect in 2015
    • The EU Regulatory Agenda: Into 2015
    • FINRA Issues Report Relating to its Communication Rules
    • Structured Product Offerings and RIAs
    • The SEC, Investment Funds and Derivatives
    • SEC Extends Temporary Rule for Adviser Principal Trades
    • FINRA Proposes New Rules on Debt and Equity Research Reports
    • The 12th Annual European Structured Products & Derivatives Conference 2015
  • 12/01/2014 Volume 5, Issue 8
    • Key Regulators Speak at Structured Products Conference
    • FINRA Shows Its CARDS: It Will Use Big Data to Review Suitability of Complex Products Sales
    • FINRA’s Proposed Bond Mark-up Disclosure Rules and Structured Products
    • PRIIPS Update.
  • 11/11/2014 Volume 5, Issue 7
    • Index Changes and Successor Indices: Avoiding Delisting From The NYSE Arca
    • EU PRIIPS Regulation Expected to Come Into Force
    • UK Review of the Fixed Income, Currency and Commodities (FICC) Markets
    • FINRA and the SEC Focus on Structured Products and Alternative Funds at Complex Products Industry Forum
    • Referral Fees and Sharing Commissions in Structured Note Sales
    • Conference: Structured Products Europe 2014
    • Seminar: Master Class: ETNs
  • 8/12/2014 Volume 5, Issue 6
    • European Product Intervention
    • FINRA Speaks at 2014 Structured Retail Products Conference
    • FINRA Approves Amendments to Communication Rules – Relief from Filing for Certain FWPs
    • Investment Funds and Structured Products
    • New York Court Endorses Structured Note Risk Factors in Class Action Dismissal
  • 6/25/2014 Volume 5, Issue 5
    • The 1996 Morgan Stanley Letter: Re-imagined at the Age of 18
    • Structured CDs – Goodbye Regulation DD, Hello Regulation DD
    • FCA Issues Fine in Relation to Structured Product Transaction
    • ESMA Opinion on Good Practices for Product Governance Arrangements in Relation to Structured Retail Products
    • Joint Forum Endorses the K.I.S.S. Method in Point of Sale Disclosures
  • 5/30/2014 Volume 5, Issue 4
    • No More KIDding Around: European Parliament Approves PRIIPs Regulation
    • FINRA Amends Rule 5110 to Exempt Certain Collective Investment Vehicles from Its Filing Requirements
    • The Time for the SEC Action on FINRA’s Proposed Amendment to Communication Rules Extended to June 27, 2014
    • 3rd Annual North American Structured Products Conference
  • 4/9/2014 Volume 5, Issue 3
    • The SEC Issues Its Long-Awaited Sweep Letter on ETNs
    • FINRA Proposes Amendments to Communication Rules – Relief from Filing for Certain FWPs
    • Comprehensive Surveillance Sharing Agreements
    • FINRA Provides a Detailed Analysis of a Broker-Dealer’s Failure to Adequately Supervise Alternative Investment Sales
    • Final Rule Imposing Enhanced Prudential Standards on Foreign Banking Organizations
  • 2/20/2014 Volume 5, Issue 2
    • Opinions and Warnings – ESMA’s Views on Complex Products
    • SEC Releases Draft Strategic Plan
    • Distributing Structured Notes from a Regulation S Platform
    • Non-U.S. Equity Underliers and Exchange Rate Risks
  • 1/7/2014 Volume 5, Issue 1
    • “Structured Products, Meet the Volcker Rule”: the New Limitations of Proprietary Trading
    • SEC and FINRA Personnel Speak at Structured Products Conference
    • FINRA’s Annual Regulatory and Examination Priorities: Structured Products Remain an Area of Focus
    • FINRA Reiterates Its Concern about Unsuitable Sales of Non-Traditional ETFs
    • IOSCO Issues Final Toolkit
    • Michael Osnato Named by SEC to Lead the Enforcement Division’s Complex Financial Instruments Unit
  • 12/2/2013 Volume 4, Issue 14
    • Launching an Exempt Structured Products Program in the United States: Issues for Non-U.S. Banks to Consider
    • “Big-Boy Letters” Revisited: Pharos Decision Upheld by the Sixth Circuit
    • SEC Addresses Potentially Misleading Fund Names
    • What to Expect in 2014?
    • Nasdaq Quotation Service to Provide Quotes
    • LinkedIn
    • Structured Products Conference: Regulation, Legal and Compliance Issues and Bootcamp Training Sessions
  • 10/15/2013 Volume 4, Issue 13
    • FINRA’s Report on Conflicts of Interest: Issues for the Structured Products Market
    • Structured Notes, Their Hedges, and Dodd-Frank
  • 9/3/2013 Volume 4, Issue 12
    • General Solicitation, Bad Actors and Structured Products
    • The Known Unknowns: Offering Terms that Are Determined After the Time of Pricing
  • 8/12/2013 Volume 4, Issue 11
    • Complex Products and Conducting a Reasonable Basis Suitability Review
    • Guidelines for Presenting Backtested Performance Data
    • IOSCO Final Report on Principles for Financial Benchmarks
    • Protect Your Elders, Part II
    • “Retailisation” of Structured Products in the EU
    • FINRA FAQ on TRACE Reporting and Variable Price Reofferings
    • FINRA Postpones Rule Requiring Disclosure of Enhanced Compensation
    • iShares Changes Names of Widely Used ETFs
  • 7/9/2013 Volume 4, Issue 10
    • Chasing Return, Reprise
    • IOSCO: Uniform Regulation and More Transparency for ETFs
    • FINRA Removes Proposal to Require Supervision of Non-Securities Business
    • In Case You Missed It…
  • 6/17/2013 Volume 4, Issue 9
    • UK’s FCA Restricts Marketing of Unregulated Collective Investment Schemes and Similar Products to Retail Investors
    • Electronic Structured Note Systems and U.S. Securities Regulation
    • Reminders from the SEC and FINRA
  • 5/15/2013 Volume 4, Issue 8
    • Due Diligence Procedures for Structured Notes Distributors
    • Key Issues for Yankee CDs
    • The SEC and FINRA: Protect Your Elders
    • The FSOC’s 2013 Annual Report: Increasing Exchange-Traded Product Activity
    • SEC Discusses Estimated Value at Structured Products Conference
  • 5/6/2013 MoFo Client Alert
    • IOSCO Consultation Report on Financial Benchmarks
  • 5/2/2013 Volume 4, Issue 7
    • Regulating Retail Structured Products – The IOSCO Toolkit
  • 4/26/2013 Volume 4, Issue 6
    • FINRA Issues Guidance on Backtested Performance Data
    • FINRA’s Ketchum Discusses Structured Products
    • Update Regarding TRACE and Rule 144A Securities
  • 4/12/2013 Volume 4, Issue 5
    • FINRA’s 2013 Communication Rules and Revisions to MSDAs
    • Regulation R and Bank Sales of Structured Products
    • FCA Temporary Product Intervention Rules: Nipping It in the Bud
  • 2/28/2013 Volume 4, Issue 4
    • Additional SEC Guidance on Estimated Value Disclosures
    • 2013 OCIE Examination Priorities Have Implications for Structured Products Issuers and Dealers
    • EITF and the Federal Funds Rate
    • FDIC Proposes to Nix Insurance for Dually Payable Deposits
  • 2/6/2013 Volume 4, Issue 3
    • Reverse Inquiry Transactions in the Spotlight
    • How Will the Fed’s Proposed Foreign Bank Rules Affect Foreign Bank Debt Financing Activities in the U.S.?
    • IOSCO Commences Consultation on Benchmarks
    • Extended Settlements and Regulation T
  • 1/24/2013 Volume 4, Issue 2
    • IOSCO Publishes Suitability Requirements for Distribution of Complex Financial Products
  • 1/16/2013 Volume 4, Issue 1
    • Additional SEC Guidance on Estimated Value Disclosures
    • FINRA to Continue Its Focus on Structured Products
    • FINRA’s Ketchum Discusses Structured Products
    • FINRA Issues Q&A Guidance on New Communications Rules
    • FINRA Proposal Requires Disclosure of Enhanced Compensation
  • 12/18/2012 Volume 3, Issue 14
    • Dividend Adjustments on the Way
    • Federal Court Decision Supports Use of “Big-Boy Letters”
    • FINRA Updates Its Suitability Questions and Answers
    • FINRA Rule 5123 Excludes Some, But Not All, Options
    • Commodity Pool Issues
    • Indices: GFMA’s Framework of Principles
    • Division of Investment Management Lifts ETF Ban, But Not For Leveraged ETFs
    • Here Comes 2013…
  • 11/13/2012 Volume 3, Issue 13
    • EU Regulation on Short Selling: Impact on U.S. Issuers of Structured Notes
    • Focus on Conflicts
    • Revised FINRA Communications Rules: A Summary Table for Market Participants
  • 10/12/2012 Volume 3, Issue 12
    • Indices—Principles for Financial Benchmarks
    • Proposed Extension of Rule 206(3)-3T
    • MNPI and Structured Products
    • Investments by Federal and State Savings Associations
  • 10/1/2012 Special Issue
    • It’s Complicated: A Recap of SIFMA’s Complex Products Conference
  • 9/19/2012 Volume 3, Issue 11
    • Is Bigger Better? Or Do Good Things Come in Small Packages?
    • Proposed SEC Regulations Under the JOBS Act Increase Options for Private Structured Note Programs
    • “Is Our Children Learning?” Not about Financial Instruments
    • “Plain English” Ends ProShares ETF Class Action
  • 7/20/2012 Volume 3, Issue 10
    • FINRA Voices Concerns About Exchange-Traded Notes
    • Worth the Wait? Draft PRIPs Legislation Finally Published
  • 6/21/2012 Volume 3, Issue 9
    • FINRA Announces Effective Date of New Rules re Communications with the Public
    • The Federal Banking Agencies’ Regulatory Capital Proposals
    • New FINRA Rule 5123 on Private Placements
    • FDIC Issues Investor Alert Relating to Structured CDs
  • 5/30/2012 Volume 3, Issue 8
    • FINRA’s New Guidance Relating to Suitability – Potential Impact on Structured Products
    • FINRA’s Consent Agreements Target Supervisory Systems and Procedures in the Sale of Non-Traditional EFTs
    • Massachusetts Fines Broker Dealer for Sales of Non-Traditional ETFs
  • 4/19/2012 Volume 3, Issue 7
    • SEC Announces Sweep Relating to Structured Products
  • 4/11/2012 Volume 3, Issue 6
    • U.S. Treasury Seeks Comment on Issuances of Floating Rate Notes
    • Impact of the JOBS Act on Private Structured Product Programs
    • FINRA Revises Proposal re Communications with the Public
    • “SEC Speaks” Addresses Structured Products
    • Institutional Suitability Certification
    • Section 3(c)(7) Exception under the 1940 Act
    • Exchange-Traded Notes Update
    • Debt Research
  • 4/2/2012 Volume 3, Issue 5
    • Final Structured Products Guidance from the FSA
  • 3/28/2012 Volume 3, Issue 4
    • Complex Financial Products: IOSCO Suitability Requirements
  • 3/21/2012 Volume 3, Issue 3
    • FINRA Priorities
    • Know Your Distributor
    • Best Execution
  • 2/6/2012 Volume 3, Issue 2
    • Nasdaq Proposes Listing Rules Relating to Structured Products
    • Texas District Court Issues Ruling on Application of the 1933 Act on CD’s
  • 1/19/2012 Volume 3, Issue 1
    • FINRA Notice Regarding Complex Products
    • FINRA’s Recent Consent Agreement: A Continued Focus on Adequate Supervisory Systems and Procedures in the Sale of Reverse Convertible Notes
    • FINA Revises Proposal re Communications with the Public
    • SEC Announces Second Extension of Comment Period for Conflict of Interest Rules
  • 12/15/2011 Volume 2, Issue 16
    • Proposed Amendments to OCC Regulations
    • Taxation of Financial Instruments
    • FINRA Sweep Letter
    • Circuit Breaker Proposals
    • ISDA/SIFMA Challenge Position Limits
    • SEC Extends Comment Period for Conflict of Interest Rules
  • 12/5/2011 Volume 2, Issue 15
    • Structured Products Guidance from FSA
  • 11/8/2011 Volume2, Issue 14
    • Conflicts of Interest
    • Volcker Rule
    • SEC’s Staff Legal Bulletin on Legal Opinions
    • Focus on ETFs/ETNs
    • Revised FINRA Proposal Applies Content Standards of Rule 2210 to Broadly Disseminated FWPs
  • 10/5/2011 Volume 2, Issue 13
    • SEC Tackles Fund Use of Derivatives
    • Watch the CDS Spreads
    • Back-Testing
    • Rule 206(3)-3T; and Principal Transactions
  • 8/25/2011 Volume 2, Issue 12
    • Credit Ratings and Credit Risk: Frequently Asked Questions
    • New Hampshire Announces Structured Products Settlement
  • 8/2/2011 Volume 2, Issue 11
    • The SEC’s Report of Its Sweep Examination of Retail Structured Products
    • RIC Commodity Ruling Update
    • In re Lehman Brothers and Principal Protection
  • 7/27/2011 Volume 2, Issue 10
    • FINRA’s Proposed Revisions to Rule 2210, Communications with the Public: Expected Impact on the Structured Products Market
    • FINRA Warns Investors About Chasing Returns in Structured Products and Other Investments
    • State of Georgia Reviewing Offerings of Reverse Convertible Notes
  • 7/14/2011 Volume 2, Issue 9
    • The Approach to Developing Common Suitability Standards for the Sale of Complex Financial Products: An Industry View
    • “Principal protected:” Fair, clear, and not misleading? UK guidance on promotions of structured products
    • UIT Basics
  • 7/7/2011 Volume 2, Issue 8
    • Family Offices
    • The Freezer: Holding Structured Products in Inventory
    • Products Intervention: An Update
  • 6/20/2011 Volume 2, Issue 7
    • The SEC’s Proposed Amendments to Regulation M: Potential Impact on Structured Notes
    • Update on FINRA Know Your Customer and Suitability Compliance
  • 6/7/2011 Volume 2, Issue 6
    • Regulators Turn to the Stability Risks Presented by the Explosive Growth of Exchange-Traded Funds
  • 6/2/2011 Volume 2, Issue 5
    • Principal Protected Note Tutorial from SEC and FINRA
    • FINRA Priorities
    • Why So Many Opinions? Exhibit 5.1 Opinions
    • Principles Applicable to Retail Structured Products Reaffirmed
    • Summary of Key Issues from Recent FINRA Fines
    • Upcoming Teleconference
  • 4/14/2011 Volume 2, Issue 4
    • FINRA’s “Principal Protected” Consent Agreement with UBS: Lessons and Reminders for the Structured Products Industry
    • FINRA Delays Effective Date for New Suitability and Know-Your-Customer Rules
  • 3/11/2011 Volume 2, Issue 3
    • Blue Sky Laws and Bank Notes
  • 2/22/2011 Volume 2, Issue 2
    • Repackagings
    • Fiduciary Duty: An Update
    • IFLR Derivatives and Structured Products Conference
    • FINRA Rule 5122 Revisions May Affect Certain Structured Products
  • 1/20/2011 Volume 2, Issue 1
    • Suitability Update: Effective Date of New FINRA Rules
    • Proprietary Indices
    • When Is an Offering Completed? And Why Does It Matter?
  • 12/17/2010 Volume 1, Issue 18
    • EU Commission’s Further Consultation on PRIPs
  • 12/14/2010 Volume 1, Issue 17
    • A Summary of FWP Filing Requirements Under SEC and FINRA Rules
    • SEC Proposes to Extend Effectiveness of Rule 206(3)-3T
  • 11/23/2010 Volume 1, Issue 16
    • Proposed ERISA Regulation Would Expand Persons Considered Fiduciaries
    • Disclosure Statement for Retail Investors
    • Know Your Customer and Suitability Update
  • 11/5/2010 Volume 1, Issue 15
    • Joint Report of the 3L3 Task Force on PRIPs
  • 10/26/2010 Volume 1, Issue 14
    • FINRA Issues Notice to Members re Securities Linked to Commodity Futures
    • FINRA Issues New Guidance Regarding Content, Approval and Filing Requirements for Free Writing Prospectuses
    • Reverse Convertibles
  • 10/4/2010 Volume 1, Issue 13
    • Suitability Update
    • Ratings Update
    • Basel III
    • Structured Certificates of  Deposit: A Primer
  • 9/9/2010 Volume 1, Issue 12
    • Fixed Versus Variable Priced Offerings
    • Section 3(a)(2) and Offerings by Banks
    • Minimum Denomination Requirements
    • Fitch Withdraws Ratings from Non-Principal-Protected Structured Notes
  • 8/13/2010 Volume 1, Issue 11
    • What’s Complex? CESR Provides Technical Advice
  • 7/20/2010 Volume 1, Issue 10
    • HK SFC’s New Regime on Unlisted Structured Investment Products
    • SEC Reviews
    • Summary of Derivatives Regulations
  • 6/29/2010 Volume 1, Issue 9
    • The Impact of Financial Regulatory Reform on Structured Products
    • Clearing the Way for Reform: European Commission Public Consultation on Derivatives and Market Infrastructures
  • 5/12/2010 Volume 1, Issue 8
    • Retail Investor Disclosure Under the New UCITS KID
  • 4/15/2010 Volume 1, Issue 7
    • Sharia-Compliant Structured Products
  • 3/29/2010 Volume 1, Issue 6
    • CESR Public Consultation Relating to Application of the Mifid Appropriateness Test to Certain Structured Products
    • European Regulatory Initiatives Relating to Structured Products
    • SEC Staff to Evaluate Use of Derivatives by Funds; Defer Consideration of Leveraged ETFs
    • Commodities and Derivatives Reform (as of March 15, 2010)
  • 3/17/2010 Volume 1, Issue 5
    • Section 23A Issues
    • UK FSA Initiatives Relating to Retail Investment Products
  • 2/25/2010 Volume 1, Issue 4
    • Update on the Proposed AIFM Directive
  • 2/20/2010 Volume 1, Issue 3
    • Structured Products Regulatory Developments: an update
    • on the EU actions on PRIPs
  • 2/3/2010 Volume 1, Issue 2
    • FINRA Amendments Expanding TRACE to Include Agency Debt Securities and Primary Market Transactions Become Effective March 1, 2010
    • S&P Withdraws Ratings from Equity- and Commodity-Linked Structured Notes
    • Is Bigger Better? To Tap, or not to Tap? (Re-openings)
  • 1/12/2010 Volume 1, Issue 1
    • FINRA Issues Notice to Members re Principal Protected Structured Notes
    • Leveraged and Inverse Exchange-Traded Funds
    • SEC Adopts as Final Rule 206(3)-3T