United States Supreme Court

• Fiduciary Duty: Best Execution Obligations

  By Thomas D. Giachetti  |  June 26, 2012

  As indicated in last month’s column (see “Fiduciary Duty: Best Practices for Fulfilling Suitability Obligations,” Investment Advisor, June 2012), the United States Supreme Court, in 1963, held in SEC v. Capital Gains Research Bureau Inc. that the Investment Advisers Act of 1940 imposes a fiduciary duty on advisors by operation...

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  Fiduciary Duty: Best Practices for Fulfilling Suitability Obligations

  By Thomas D. Giachetti  |  May 22, 2012

  In 1963, the Supreme Court held in SEC v. Capital Gains Research Bureau Inc. that the '40 Act imposes a fiduciary duty on investment advisors. What are you doing to maintain suitability standards with your clients?

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  Judge Pushes Schwab Suit Against FINRA to Disciplinary Panel

  By Melanie Waddell, AdvisorOne  |  May 16, 2012

  A federal judge dismissed a legal action filed by Charles Schwab against FINRA challenging a complaint FINRA levied against Schwab on Feb. 1.

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  FINRA Files Complaint Against Schwab for Asking Customers to Sign Waiver

  By Melanie Waddell, AdvisorOne  |  February 1, 2012

  FINRA announced Wednesday that it had filed a complaint against Charles Schwab & Co. charging the firm had violated FINRA rules by requiring its customers to waive their rights to bring class actions against the firm.

• Use Them, but Carefully

  By Thomas D. Giachetti  |  December 1, 2007

  In my previous column for Investment Advisor (November 2007), we addressed some of the "Confusion and Misinformation" that exists regarding the use of hedge clauses...

• Defining Fiduciary

  By Thomas D. Giachetti  |  November 1, 2006

  In 1963, the United States Supreme Court held in SEC v. Capital Gains Research Bureau, Inc., that Section 206 of the Investment Advisers Act of...