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Invite colleaguesWhat does it all meme? An exploration of meme stock litigation, regulatory scrutiny and defences for broker-dealers
Abstract
US financial market regulators have taken a renewed interest in retail trading and brokerdealer practices following the January 2021 ‘meme stock’ extreme market volatility. In this paper, the authors examine broker-dealer practices and trading rules that are the subject of pending litigation. Specifically, this paper examines areas of potential regulatory interest in the aftermath of the trading frenzy, including payment for order flow and related customer disclosures. It also examines the rationale for certain trading restrictions implemented by some broker-dealers during the period of extreme volatility. It then analyses legal defences for broker-dealers in pending investor litigation. Lastly, this paper discusses potential criminal and regulatory liability for amateur traders active on social media and online forums.
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Author's Biography
Susan Light a Financial Markets and Funds partner in Katten’s New York office, offers clients a universe of insights gained over 30 years as a senior leader and regulatory officer inside both the New York Stock Exchange (NYSE) and the Financial Industry Regulatory Authority (FINRA). That experience and knowledge allow her to handle any securities regulatory problem that may confront broker-dealers and other financial services firms. She is particularly well suited to advise on complex investigations of securities law violations, including those involving firmwide supervisory failures. Susan represents large and small broker-dealers, as well as hedge funds, investment banks and other financial services providers. She helps these clients understand the regulatory landscape, design procedures to avoid regulatory problems and resolve investigations and enforcement actions. In matters that involve regulators, her extensive network of contacts allows her to successfully engage with them on her clients’ behalf. At FINRA, Susan served as senior vice president and chief counsel of enforcement, where she oversaw all aspects of investigations and disciplinary hearings involving a wide variety of FINRA rules and federal securities laws. She occupied a similar role at NYSE Regulation, Inc., prior to its merger and integration with FINRA.
Michael J. Lohnes is a Partner in the firm’s Securities and Financial Markets Litigation and Enforcement departments with a national practice. He has vast experience counselling clients in connection with regulatory inquiries and litigating such matters when necessary. Mike regularly assists financial services firms in connection with SEC, CFTC, FINRA and other SRO examination and enforcement matters. In addition, Mike also represents financial services firms and publicly traded companies in shareholder and client class actions alleging violations of the federal securities and commodities laws in addition to alleged contractual and common law breaches. Due to the results that he has obtained for his clients in both regulatory and civil litigation, Mike has been recognised as a leading financial services and securities litigator by The Legal 500, Benchmark Litigation and the National Law Journal.
Hannah O. Koesterer helps clients in the financial services industry facing litigation and regulatory enforcement, white collar matters, internal investigations and other complex commercial litigation. She has represented clients before the SEC, CFTC, FINRA and DOJ, as well as in arbitration forums and courts around the country. Additionally, Hannah served as a judicial law clerk for the Honorable Virginia M. Kendall of the US District Court for the Northern District of Illinois.
Carrie M. Stickel concentrates her practice on litigation and enforcement matters relating to the financial services industry and the federal securities laws. Carrie represents individuals and companies in regulatory and enforcement matters and in federal and state court litigation. She has considerable experience with the federal securities laws, regulatory and internal investigations and other complex commercial disputes.
Conor Mcdonough focuses his practice on complex litigation with a particular focus on white-collar defence, financial markets litigation and regulatory defence. He represents clients facing litigation and regulatory enforcement before the CFTC, FTC and DOJ. He also advises clients in a variety of securities and antitrust matters. Conor draws on his experience interning at the US Attorney’s Office and the Cook County State’s Attorney’s Office to counsel clients through civil and criminal enforcement actions.