Thomas D. Giachetti, Esq.

Transcription

1 Thomas D. Giachetti,, is Chair of the Securities Practice Group. A former investment banker and NASD registered representative, Mr. Giachetti s legal practice is devoted to investment-related matters, including the representation of investment advisers, financial planners, broker-dealers, public and private investment companies (e.g., mutual funds, hedge funds, etc.), CPA firms and registered representatives throughout the United States. He also advises claimants and respondents in securities regulatory, arbitration and litigation matters. Mr. Giachetti is a recognized author and commentator on investment-related legal matters and a frequent lecturer at securities industry compliance seminars, annual meetings, and educational programs throughout the country. He also serves as an expert witness in securities litigation/arbitration matters throughout the United States. In 2014, Mr. Giachetti was featured in Investment Advisor Magazine s 12th Annual IA25, a selection of the 25 most influential people in the investment advisor industry. The Securities Practice Group of Stark & Stark represents investment advisers, financial planners, broker-dealers, CPA firms, registered representatives, public and private investment companies (e.g., mutual funds, hedge funds, etc.), and investors throughout the United States. The firm, with over 100 attorneys, and offices in Princeton, Marlton, Morristown, Yardley, Philadelphia and New York, serves clients located across the United States and Canada. Recurring Industry Engagements Columnist - Investment Advisor Magazine: The Compliance Coach October Required: Referral Fee Compliance September It s All About the Benjamins August SEC Clarifies Inadvertent Custody July New DOL Bulletin Muddies ESG Waters June DOL Limbo May What Advisors Need to Know About GDPR April Time to Act Now on the Rule 12b-1 Initiative March The Skinny on the Broker Protocol February What to Do About Form ADV Amendments January Won an Award? Brag With Caution December Beware: The Bully Lives November SEC to Advisors: Stop Sloppy Ads October The Long-Awaited Fiduciary Rule Delay September What s Required Under DOL s Best-Interest Contract Exemption August The DOL Fiduciary Rule: Implementation and Level-Fee Fiduciaries July The DOL Fiduciary Rule: Managing the Transition Period June When Do Advisors Have Custody Relief? May Soft Dollar Arrangements Under the Postponed DOL Rule Practice Areas Securities Education J.D. - Syracuse University College of Law (1984) M.A. - Economics; Syracuse University - Maxwell School (1984) B.S. - Public Administration and Business; University of Scranton (1981)

2 April Solicitor Arrangements: An Overlooked Casualty of DOL Fiduciary Rule March What Do You Do When the FBI Is at Your Door? February IRS Eyeing Micro-Captive Insurance Transactions January With White Departure from SEC, Hopefully the Bullying Will End December Three Examples of Regulator Scrutiny November SEC Announces Reporting Changes for Advisors on SMAs, Performance October New Federal Law, SEC Scrutiny Triggers Clarification of Whistleblower Rights September DOL Rule: Is That All There Is? August SEC Proposes New Rule to Require Business Continuity Plans July How to Comply With DOL s BICE June Prohibited Transactions in a Post-Fiduciary Rule World May Top-Down Compliance Isn t Just a Buzzword April Can Advisors Disclose Away 12b-1 Fee Conflicts? March New Jaw Eases Advisors Disclosure Burden February Is Your Advertising Prohibited? January Advisors, Own Your Compliance December How to Fix the SEC Exam Process November 2015-SEC Clarifies RIAs Cybersecurity Obligations October Treasury Considers Anti-Money Laundering Regs September A Message From the SEC- Listen Up! August SEC Proposes Significant Changes to Form ADV Part 1 July Does Your CCO/Senior Management Relationship Need Improvement? June Are Your Best Pracitces Good Practices? May Key Issues for a Succession Plan April Why the SEC Doesn t Need to Regulate Succession Planning March Fight Back Against Aggressive Exams February Don t Be Complacent About Compliance January The SEC Exam Process Lacks Consistency December The ERISA Mystery Part 11: Model Portfolios in Participant-Directed Plans November The ERISA Mystery October 2014-The SEC and E-Signatures September 2014 The SEC is Getting Into the Weeds August 2014 Personal Securities Reporting Push Back at Your Peril July 2014 Cybersecurity- The SEC s Critical Initiative June SEC Releases Guidance on Social Media Testimonials May The Municipal Advisor Law and Its Implications: Several of the terms within the new law must be defined further April Private Funds: Are You a Knowledgeable Employee? March Did You Miss the Deadline on SEC s Reg S-ID?

3 February Overseeing the Supervisor January How to Establish a Culture of Compliance December The SEC Is Coming November Exam Update: Are You Ready for the SEC? October SEC Issues Risk Alert and Reminder: Continuity Plans and Reg S-ID September Making Sense of Form 13F August Regulators Renew Focus on Business Continuity, Disaster Recovery Plans July Do You Need to File Form PF? June Waving the Red Flag May Factors for Compliance Success April What Trait Defines Top Advisors? March Three Keys to a Strong Facebook Policy February The 2013 Compliance To-Do List January Securing Your Clients Information December The Dangers of Complacency November Critical New Policy and Procedures for October Causes of Advisory Firm Ownership Divorces September The New and (Not) Improved Exam Process August Due Diligence: An Advisor s Obligation July Fiduciary Duty: Best Execution Obligations June Fiduciary Duty: Best Practices for Fulfilling Suitability Obligations May Using Solicitors Are You Compliant? April The Limited Scope Examination March Are You Fulfilling Your Mandatory Training Requirement? February Top 10 Compliance To-Do s for 2012 January 2012 The Large Trader Rule December 2011 Seven Easy Rules for a Safe Policies and Procedures Manual November 2011 The Long Arm of Dodd-Frank October 2011 SEC Adopts Family Office Rule September Will the SEC Ever Learn? Don t Count On It August E&O Errors July 2011 Are You Prepared for a Regulatory Exam? June 2011 From Deadlines to Lifelines May 2011 You Can t Regulate Crooks April Dodd-Frank: An Overview of Pending Changes for Investment Advisors? March 2011 Get Form ADV Right February Compliance Checklist January 2011 Keeping Political Contributions Compliant December 2010 Will You Stay SEC Registered in 2011? November 2010 New Form ADV: Re-Arranging the Deck Chairs October 2010 Custody: Why You May Actually Have It

4 September Will the SEC Ever Learn? Don t Count On It August Independent Advisors: Don t Violate the Protocol July 2010 An IPS Happy Medium June 2010 Independence s Issues Columnist- Investment Advisor Magazine: Expert s Corner October 2009 Look Before You Lay Of September 2009 It Beats Getting Sued June Complacency, Risk, and the SEC Audit February 2009 The Skinny on the Protocol November 2008 Reasoned and Reasonable: Making the case for regulation that makes sense August 2008 The Three Troubling Themes May Got Unhappy Clients? February 2008 Is An IPS the Answer? December 2007 Use Them, but Carefully November 2007 Confusion and Misinformation August 2007 Internal Medicine: The options for structuring an internal succession plan June 2007 Look Before Leaping Expert Witness- Securities industry litigation and artbitration matters throught the United States Recent National Speaking Engagements Financial Planning Association (FPA) of Northeast Florida. May 24, 2018 (Jacksonville, FL) Financial Planning Association (FPA) DFW Annual Conference. May 16-17, 2018 (Irving, TX) National Association of Active Investment Managers (NAAIM) Conference: Uncommon Knowledge Compliance Insights. April 23, 2018 (Orlando, FL) Raymond James Wealth Managers Conference. October 2, (Boca Raton, FL.) 2017 Insider s Forum. How to Successfully Complete a Regulatory Examination. September 7, FPA Major Firms Summit. A Period of Uncertainty: A DOL Update. March 9, 2017 (Jersey City, NJ) Junxure Advisor Conference. September 29-30, 2016 (Denver, CO) Schwab s 2016 Compliance Seminars. January 21, 2016 (New York City, NY) ; August 17, 2016, Detroit, MI; August 18, 2016, Rochester, NY. Fidelity Inside Track Seminars. May 24, 2016, Charlotte, NC; May 25, 2016, Richmond, VA; June 15, 2016, Philadelphia, PA; June 16, 2016, Pittsburgh, PA. National Association of Active Investment Managers (NAAIM) Conference: Uncommon Knowledge May 1-4, 2016 (Fort Lauderdale, FL) TD Ameritrade National LINC Conference. February 3-5, 2016 (Orlando, FL) Financial Planning Association. November 20, 2015 (Connecticut)

5 Schwab s 2015 Compliance Seminars. November 17, 2015 (Detroit, Michigan; November 18, 2015, Rochester, NY.) Raymond James 2015 Wealth Managers Conference. October 19-21, 2015 (Naples, FL) Insider s Forum: Navigating the Minefield. September 29, 2015 (Phoenix, AZ) IA Watch: 15th Annual IA Commitment to Compliance Fall Conference September 21, 2015 (Philadelphia, PA) CFA Institute: 19th Annual GIPS Standards Conference: Preparing for an SEC Exam. September 17, 2015 (Coronado, CA) Fidelity Learning Exchange- Custody and Conflicts: SEC Focus Areas to Tackle Today: Custody and Conflicts: SEC Focus Areas to Tackle Today. September 10, 2015 (Rochester, NY) National Association of Active Investment Managers (NAAIM) Conference: Uncommon Knowledge May 3-6, 2015 (Newport Beach, CA) CFA Wealth Management Conference. Keynote Address: Cyber Risk- What You Need to Know. March 4-5, 2015 (New Orleans, LA) T3 Conference. February 12-14, 2015 (Dallas, TX) TD Ameritrade National Conference. January 29, 2015 (San Diego, CA) IMCA National Conference. December 9, 2014 (Phoenix, AZ) Fidelity Inside Track Seminars. March 19, 2014, Washington, D.C.; June 2, 2014, Boston, MA; July 17, 2014, Half Moon Bay, CA; August 27, 2014, Dana Point, CA; September 11, 2014, Chicago, IL; October 30, 2014, New York, NY NAPFA Fall Conference. October 22, 2014 (Charlotte, NC) Financial Planning Association. June 20, 2014 (Washington, D.C.) National Association of Active Investment Managers (NAAIM) Conference: Uncommon Knowledge May 5-7, 2014 (Ft. Lauderdale, FL) National Advisors Trust Annual Conference. May 2, 2014 (Orlando, FL) Schwab s 2014 Compliance Seminars. January 16, 2014, New York, NY; February 18-20, 2014, Richmond/McLean, VA; February 25-27, 2014, Denver, CO/Phoenix, AZ/ San Francisco, CA; March 5-6, 2014, Baltimore, MD & Radnor, PA. Barron s Top Independent Advisors Summit. March 2014 (Phoenix, AZ) AICPA Advanced Personal Financial Planning Conference. January 20-22, 2014 (Las Vegas, NV) Schwab IMPACT November 2013 (Washington, D.C.) IA Compliance 101 Conference: Luncheon Address. October 18, 2013 (Washington, D.C.) Laserfiche Compliance Roadshow. October 8-10, 2013 (Minneapolis, MN, Boston, MA & Philadelphia, PA) Fidelity- East Coast Conference. October 2-3, 2013 (New Brunswick, NJ) Junxure Advisor Conference. September 16, 2013 (Dallas, TX) National Association of Active Investment Managers (NAAIM) Conference. April 29- May 1, 2013 (Denver, CO) Barron s Top Independent Advisors Summit. March 6, 2013 (Orlando, Fl) 2013 Fidelity National Conference. February 28, 2013 (New York, NY) Schwab s 2013 Compliance Seminars. January 23-24, Portland, ME; February 12, 2013, Stowe, VT; February 14, 2013, Philadelphia, PA; February 19, 2013, Clarfeld;

6 February 21, 2013, Orlando, FL; March 14, 2013, Boston, MA; March 19, 2013, Tysons Corner; March 20, 2013, Richmond, VA; March 26, 2013, Hartford, CT TD Ameritrade Institutional National Conference. January 30, 2013 (San Diego, CA) 2013 AICPA Advanced Personal Financial Planning Conference. January 21-23, 2013 (Las Vegas, NV) Charles Schwab Compliance Conference, January 17, 2013 (New York, NY) Laserfiche Workshop: Staying Compliant and Competitive in the Post-Dodd-Frank World. November 28-29, 2012 (New York, NY & Dallas, TX) Schwab IMPACT November 15, 2012 (Chicago, IL) IN Advisor Solutions 2012 Fall Workshop. October 19, (Chicago, IL) Raymond James Investment Advisor Division Wealth Managers Conference. September 25, (Naples, FL) 2012 Fidelity National Conference. August 22, 2012., Dana Point, CA; October 11, 2012, Dallas, TX Schwab s 2012 Knowledge Forum. April 24, 2012, La Quinta, CA; May 16, 2012, Carmel Valley Ranch, CA; May 31, 2012, Tysons Corner, VA; August 9, 2012, Indianapolis, IN Barron s Top Independent Advisors Summit. March 23, 2012 (Scottsdale, AZ) Investment Adviser Association Compliance Conference. March 8, 2012 (Arlington, VA) TD Ameritrade Institutional 2012 National Conference. February 2, 2012 (Orlando, FL) Charles Schwab Compliance Conference, January 19, 2012 (New York, NY) AICPA Advanced Personal Financial Planning Conference. January 18, 2012 (Las Vegas, NV) Charles Schwab Compliance Conference. January 10, 2012 (Baltimore, MD) FPA-NY Best Practices Forum December 14, 2011 (New York, NY) Laserfiche Conferences November 14-15, 2011 (San Francisco, CA & Chicago, IL) Schwab IMPACT November 2, 2011 (San Francisco, CA) Capital Analysts: Wealth Management Forum. October 17, 2011 (Cincinnati, OH) 2011 Avenue Advisors Wealth Management Forum. October 13, 2011 (Chicago, IL) 2011 DWS Investments RIA Summit. September 22, 2011 (Chicago, IL) FOX Regulatory Workshop: Preparing for the New Era of Family Office Regulation. September 7-8, 2011 (New York, NY) Investment News: 2011 Going Independent Workshops. June 21, 2011 (Philadelphia, PA); June 16, 2011 (San Francisco, CA); June 14, 2011 (Dallas, TX) 2011 Financial Planning Association Retreat. May 5, 2011 (Bonita Springs, FL) NAAIM: Uncommon Knowledge Conference May 2, 2011(San Diego, CA) The Barron s Winner s Circle Independent Advisors Summit Keynote Speaker. March 23-25, 2011 (Orlando, FL) FPA Major Firm¹s Regional Summit. March 16, 2011 (New York, NY) FPA Business Solutions 2011 Conference. March 3-5, 2011 (Cambridge, MA) Realty Capital Securities 2011 Conference. February 16, 2011 (Orlando, FL) TD Ameritrade 2011 National Conference. February 2-4, 2011 (San Diego, CA) FPA Regional Conference January 28, 2011 (Washington, DC)

7 Schwab Regional Conference January 25, 2011 (Philadelphia, PA) Schwab - A Compliance Update: The effect of Regulatory Changes for Investment Advisors. January 20, 2011 (New York, NY) Schwab IMPACT October 28, 2010 (Boston, MA) Raymond James Wealth Management Conference. October 27, 2010 (Tampa, FL) NAPFA - PM&I Conference. September 22-24, 2010 (San Diego, CA) TD Ameritrade Regional Conference. September 20, 2010 (San Francisco, CA) Fidelity Institutional Wealth Services IPS Webinar. July 22, 2010 Schwab - Economic and Legal Considerations for Recruiting New Advisors. July 21, 2010 (Philadelphia, PA) Schwab Surviving Regulatory Scrutiny in the Post-Madoff Era. July 14, 2010 (Chicago and Milwaukee) InvestmentNews - What You Need to Know About Going Independent. June 14-16, 2010 (Los Angles and Chicago) Pershing INSITE 2010 National Conference. June 10, 2010 (New York, NY) Barron s Winner s Circle Top Independent Advisors Summit. April 14-16, 2010 (Orlando, FL) TD AMERITRADE Institutional 2010 National Conference. February 4, 2010 (Orlando, FL) Schwab Impact September 15, 2009 (San Diego, CA) Capital Analysts Incorporated Wealth Management Forum. September 10, 2009 (Phoenix, AZ) NAPFA National Conference. June 3, 2009 (National Harbor, MD) Barron s Top Independent Advisors Summit. May 6-8, 2009 (Phoenix, AZ) NAAIM - Uncommon Knowledge 2009 Conference. May 5, 2009 (Denver, CO) TD AMERITRADE Institutional Partnership 2009 National conference. February 4, 2009 (Las Vegas, NV) Investment Advisor Summit. December 2, 2008 (Washington, DC) Schwab IMPACT October 25, 2008 (Atlanta, GA) Raymond James Investment Managers Inaugural Conference. October 21, 2008 (St. Petersburg, FL) FPA Advisor Myths. September 24, 2008 (Phoenix, AZ) Capital Analysts Incorporated Succession Planning Conference. September 17, 2008 (Cincinnati, OH) TD AMERITRADE Institutional 2008 Fall Regional Conference. September 15, 2008 (Chicago, IL) Investment Advisor Compliance Conference. June 23, 2008 (New York, NY) FPA Financial Forum June 16, 2008 (Chicago, IL) Fidelity Inside Track: Is your firm doing what is necessary to avoid critical compliance & business operational errors? June 10, 2008 (San Francisco, CA); May 22, 2008 (Chicago, IL); June 2-3, 2008 (Dallas, TX); February 26, 2008 (Washington, DC) Pershing INSITE 2008 What every advisory firm, CCO and principal need to know to protect the firm s business. June 4, 2008 (Hollywood, FL) FPA Nor Cal Compliance Mock Cross-Examination: How simple oversights become legal time bombs. May 26, 2008 (San Francisco, CA) Investment News The Truth About Going Independent. May 14-16, 2008 (Chicago,

8 IL) FPA Symposium Advisor Myths. May 1, 2008 (Albany, NY) Schwab Transition Planning: How to transform your business through mergers and acquisitions. April 28, 2008 (Austin, TX) TD Ameritrade Regional Conference. March 12, 2008 (Maryland) TD Ameritrade National Conference. February 8, 2008 (Orlando, FL) Raymond James Financial Services National Conference. January 14, 2008 (St. Petersburg, FL) Fidelity: Best Practices Conferences (Washington, DC, Dallas, San Francisco, Seattle, Boston, and Atlanta) Schwab Institutional IMPACT October 30, 2007 (Las Vegas) Schwab Regional Conferences (Cleveland, Cincinnati, Chicago, Philadelphia, Denver, Phoenix and St. Louis) Financial Planning Symposium. October 9, 2007 (Chicago, IL) TD Ameritrade: Fall Regional Conference. September 19, 2007 (Dallas, TX) Raymond James Financial Services Annual Conference. September 17, 2007 (Nashville, TN) Fidelity: Best Practices Conferences (Phoenix, Seattle, Houston, Boston, and Atlanta) Financial Planning Association Practice Management Issues for Investment Advisors. May 30, 2007 (Northern California, San Francisco) NAAIM National Conference. May 6-9, 2007 (Orlando, FL) NAPFA National Conference. May 2-6, 2007 (Chicago, IL) NICCP Annual Conference Compliance Issues Pertaining to College Planners. May 3, 2007 (Las Vegas) InterShow & Financial Advisor Magazine Financial Advisor Symposium The Applicability of the Pension Protection Act to Investment Advisors (Las Vegas) TD Ameritrade 2007 National Conference New Compliance Issues Facing Investment Advisors. February 9, 2007 (San Diego, CA) IMCA National Conference Hedge Fund Regulation. January 30, 2007 (New York, NY) Advisor Summit 2006 Staying Compliant. November 30 December 1 (Las Vegas) Charles Schwab Institutional IMPACT 2006 Regulation, Liability and Protecting Your Practice. November 7, 2006 (Washington, DC) 9th Annual Financial Advisor Symposium - Fiduciary Issues and Liability. September 25 27, 2006 (Chicago, IL) National Association of Active Investment Managers (NAAIM) Regulatory Compliance for Active Asset Allocators. May 1 3, 2006 (Phoenix, AZ) Financial Planning Association (FPA), Northern California Chapter Protecting Your Practice in an Ever-Increasing Regulatory Minefield. April 3 4, 2006 (San Francisco, CA) Financial Planning Association (FPA), Denver Chapter Protecting Your Practice: How to Avoid Regulatory Enforcement and Client Litigation/Arbitration Proceedings. February 10, 2006 (Denver, CO) TD Ameritrade National Conference How to Protect Your Practice from Regulatory Enforcement Proceedings, Client Litigation and Departing Employees. February 1 3, 2006 (Orlando, FL) Schwab Institutional New York Metro Regional Conference Current Regulatory Hot

9 Topics. January 19, 2006 (New York, NY) Fortigent Annual Conference Protecting Your Practice: How to Avoid Regulatory Enforcement and Client Litigation/Arbitration Proceedings. January 12 13, 2006 (Las Vegas, NV) The Investment Advisor Wealth Advisor Summit - Advisor Compliance Roundtable. December 2, 2005 (W. Palm Beach, FL) Financial Planning Association (FPA) Webinar Protect Your Practice When Adding New Partners. October 25, 2005 Charles Schwab Institutional IMPACT 2005 Hedge Fund Legal and Regulatory Issues and What They Mean for Your Clients. September 25, 2005 (Seattle, WA) Financial Planning Association (FPA), DFW Chapter How to Protect Your Investment Advisory Practice in the Current Regulatory Environment. July 19, 2005 (Dallas, TX) National Association of Active Investment Managers (formerly Society of Asset Allocators and Fund Timers, Inc. SAAFTI) - Advertising Regulations for Investment Managers. February 2005 (St. Louis, MO) The National Association of Active Investment Managers Uncommon Knowledge 2005 Compliance Hot Spots. April 25, 2005 (Houston, TX) Recent Authored Articles Regulatory/Legislative Issues: Your Fees and the Regulators. NAPEA Advisor, September 2017 Do You Need to File Form 13F? CompliancE-News, August An Overview of External Transition Planning for the Registered Investment Advisor. Charles Schwab Institutional Compliance Review, July 2009 An Overview of Internal Succession Planning for the Registered Investment Advisor. Charles Schwab Institutional Compliance Review, June 2009 So You Think Your Marketing Practices Are Compliant? IMCA The Monitor, May/June 2007 Thinking of Leaving your Brokerage Firm And Going Solo? Make Sure You Know Your Rights. TD Ameritrade Institutional Transition News, March 2007 An Overview of Internal Transition Planning for the Registered Investment Adviser. Charles Schwab Institutional Compliance Review, October 2005 An Overview of External Transition Planning for the Registered Investment Adviser. Charles Schwab Institutional Compliance Review, September 2005 Establishing an Policy as Part of New Required Rule 206(4)-7 Written Policies and Procedures. Merrill Lynch Money Manager Services Newsletter, Second Quarter 2004 Contingency Planning And Rule 206(4)-7. Financial Advisor Magazine, October 2004 Select Interviews / Commentary SEC Waging Enforcement War on Advisors: Giachetti. ThinkAdvisor, October 4, When Should You Publicize AUA Over AUM? Financial Advisor IQ, August 11, What advisers can expect from an SEC exam. InvestmentNews, March 13, Tom Giachetti s 10 Blunt Compliance Warnings. AdvisorOne.com. November 30, Fund Lawyer: CCOs Must Be More Vigilant. FundIndustryIntelligence.com. March 13, 2012.

10 Regulation for Regulation Sake Not the Answer for Advisors. OnWallStreet.com. February 3, At TD Ameritrade Conference, Differing Views on Implementing Fiduciary Standard. AdvisorOne.com. February 3, SEC s New Form ADV Requirements: Fidelity Offers Guidance. AdvisorOne.com. December 2010 Simple, Not Simplistic. Investment Advisor Magazine. May They re Watching You. Registered Rep. Magazine. June Schwab Up Close and Personal with Confab Attendees. Investment News. December 11, Practice Management: What to Know Before You Break Away. Dow Jones News Service. November Advisor Fiduciary Duties: What Can Go Wrong? Financial Advisor Symposium. September Piling On: How to Cope with a Growing Compliance Burden. Investment Advisor. March Compliance Deadline Requires More Than Lip Service. Journal of Financial Planning. April FPA Compliance Workshop: A New Regulatory Climate. TD Waterhouse Compliance News. August Angst Over Compliance. Financial Planning Magazine. June Q&A with Tom Giachetti. NAPFA Advisor. April 2005.