Jonathan Forman Quoted in The Hedge Fund Law Report Article on the SEC's Reg Flex Agenda

News / April 3, 2018

Counsel Jonathan Forman is quoted in an article published March 15, 2018, in The Hedge Fund Law Report. The article, “SEC’s Reg Flex Agenda Promotes Transparency While Adding Potential Compliance Burdens,” reports on the latest semi-annual Regulatory Flexibility Agenda published by the Securities and Exchange Commission (SEC), outlining rulemaking that Chair Jay Clayton and his staff intend to pursue over the next several months. Forman noted that the Supreme Court’s Digital Realty decision, which found that the express terms of Dodd-Frank’s anti-retaliation provision protect only whistleblowers who report to the SEC, poses a major obstacle to rulemaking to clarify this issue. “The SEC had previously taken the position that the provision protected both types of whistleblowers as essential to its enforcement efforts. Given this opinion, it is unclear how, if at all, the SEC will proceed with any rulemaking to clarify the implementation of the program,” Forman told the publication.

Read the article (registration required).