Just in Time for Halloween, DOL Fiduciary Rule May Return from the Dead
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Just when we thought the Department of Labor’s (“DOL”) Fiduciary Standard Rule was officially dead, comes word that the Department may be taking another run at a Rule.

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Explained Award: Anderson v. Allegis Investment Advisors, LLC
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EXPLAINED AWARD: ANDERSON v. ALLEGIS INVESTMENT ADVISORS, LLC, AAA ID #01-16-0005-0320 (Salt Lake City, UT, 1/8/18).

This 21-page AAA Explained Award,

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RIAs in FINRA Arbitration: Where Do Things Stand?
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Arguably, one reason arbitration claims are down at FINRA — and have basically declined for the past five years — may be that the disputes are being filed elsewhere.

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Insurance Agent/Investment Advisor Escapes Indexed Annuities Imbroglio: Van Dyke v. White
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By James L. Komie

An administrative order revoking an investment advisor’s registration for the sale of indexed annuities to senior clients that cause them to incur early surrender charges is arbitrary and capricious where no evidence is presented regarding the suitability of the individual transactions or consideration of insurance regulations relating to the sale and replacement of annuities.

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Admitted Securities Fraudster Sentenced as an “Investment Adviser”: USA v. Miller
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By David C. Franceski, Jr.

Under the definition of “investment adviser” in the Investment Advisers Act of 1940, a person meets the “for compensation” test when he receives any economic benefit from investor funds,

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Follow Up On Bi-Partisan House Effort To Address DOL Fiduciary Standard Impasse
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Following through on a commitment made in November, a group of Democratic and Republican Members of the House have introduced legislation to halt DOL fiduciary rulemaking and establish a different standard for those offering retirement investment advice.

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