Securities Litigation Attorney in New York, New York

Legal Standards for Brokers

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the same Securities laws investment
advisory laws Blue Sky laws are used to
determine whether or not the broker or
advisor who recommended the investments
in annuities private placements or some
sort of liquid security was appropriate
and so it’s going to go back to
regulation best interest was it in your
best interest was it suitable the subset
of Regulation best interest under the
investment advisors Act was the
investment advisor acting as a fiduciary
and not breaching their fiduciary duty
by putting you into these illiquid
Investments so it’s the same measure you
would in any other Securities cases
although I would argue that you have to
be more careful when you’re recommending
these types of Securities to an investor

New York, NY securities attorney Jenice L. Malecki talks about the legal standards for brokers. She notes that securities laws, investment advisory laws, and state Blue Sky laws are all applied to evaluate whether a broker or advisor acted appropriately when recommending investments such as annuities, private placements, or other illiquid securities. The analysis typically revolves around Regulation Best Interest—assessing whether the investment was suitable and in the client’s best interest. For investment advisors, the standard also includes fiduciary obligations under the Investment Advisers Act, ensuring they did not breach their duty by placing a client into illiquid or inappropriate investments. While the legal framework mirrors that of other securities cases, she emphasizes that extra caution is warranted when dealing with these types of complex or illiquid products.

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