Massachusetts Supreme Court Affirms Fiduciary Duty Rule for Brokers

Posted on September 12th, 2023 at 11:36 AM
Massachusetts Supreme Court Affirms Fiduciary Duty Rule for Brokers

From the desk of Jim Eccleston at Eccleston Law 

The Massachusetts Supreme Judicial Court ruled that William Galvin, the state's top securities regulator, acted within his authority in September 2020 when he established the state's investment advice rule, which imposed a fiduciary duty rule on financial advisors.

The court also determined that this measure does not conflict with Regulation Best Interest (Reg BI), the broker-dealer standard introduced by the Securities and Exchange Commission in June 2020.

In March 2022, a Massachusetts Superior Court judge invalidated the Massachusetts fiduciary rule in response to a lawsuit brought by Robinhood in April 2021. The Massachusetts court stated that Reg BI serves as a minimum standard and does not preclude state regulation for the enhanced protection of investors. As reported by InvestmentNews, the case was sent back to the lower court for additional administrative proceedings.

Secretary of the Commonwealth William Galvin expressed his satisfaction with the ruling, calling it a landmark decision. He emphasized the importance of a broker's fiduciary duty to their customers and the role of his securities division in safeguarding investors and regulating broker-dealer misconduct. Galvin stated that the upheld rule will provide Massachusetts investors with the highest level of protection when receiving investment advice from brokers.

 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: eccleston, eccleston law, massachusetts, financial advisors

Return to Archive

TESTIMONIALS

Previous
Next

I am grateful to have found an outstanding law firm that specializes in securities matters. My lawyers were extremely knowledgeable, diligent, and are skilled litigators. No stone was left upturned. As a result of their experience and tenacity, the arbitration proceeding was dismissed in my favor.

Michael E.

LATEST NEWS AND ARTICLES

September 17, 2025
FINRA Suspends Centaurus Dallas Broker Over Excessive Alternative Investment Sales

FINRA has suspended a Centaurus Financial broker, William Burks, for four months after finding he placed as much as 91 percent of a client’s net worth into illiquid alternative investments.

September 16, 2025
Former Morgan Stanley Advisors Win Partial Court Victory in Client Solicitation Dispute

Two former Morgan Stanley advisors in Hackensack, New Jersey have defeated Morgan Stanley’s initial effort to block them from soliciting clients, according to an August 15 order from New Jersey Superior Court.

September 15, 2025
California Young-Gun Investor Charged in Alleged $6 Million Ponzi Scheme

Federal prosecutors have accused Mihir Deepak Sukthankar, a California resident once celebrated as a teenage trading “prodigy,” of orchestrating a multi-million-dollar Ponzi scheme.