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Eccleston Law Blog

KBS Growth & Income REIT Defaults on Commonwealth Building Loan

March 7th, 2023 at 3:03 PM
KBS Growth & Income REIT Inc., a publicly registered non-traded real estate investment trust, announced that the company has defaulted on the Commonwealth Building mortgage loan after failing to repay outstanding debt that was due on February 1, 2023, according to a filing with the Securities and Exchange Commission (SEC). 
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Hightower Fails To Stop Former Advisor From Establishing Competing Business

March 6th, 2023 at 3:03 PM
A former Alabama-based Hightower advisor has prevailed in court after the firm attempted to stop the advisor from establishing a competing firm. 
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FTX Investor Files Suit Against Sequoia Capital, Thoma Bravo, Paradigm

March 3rd, 2023 at 2:18 PM
A cryptocurrency investor has filed suit against private equity firms including Sequoia Capital, Thoma Bravo, and Paradigm for improperly touting the legitimacy of FTX. 
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FINRA Finds Schwab Liable to Investor For Recommending Unsuitable Complex ETF

March 2nd, 2023 at 12:11 PM
A Financial Industry Regulatory Authority (FINRA) arbitration panel has ordered Charles Schwab to pay an investor and his designated beneficiary plan $144,000 in damages plus interest. 
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Morgan Stanley Ordered to Pay $7.8 Million Over Improper Hiring of Schwab Financial Advisors

March 1st, 2023 at 1:32 PM
A Financial Industry Regulatory Authority (FINRA) arbitration panel has ordered Morgan Stanley to pay $7.8 million after its improperly recruited two financial advisors from Charles Schwab in 2019. 
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Prospect BDC Releases Going Concern Warning

February 28th, 2023 at 2:27 PM
Prospect Floating Rate and Alternative Income Fund Inc. (“Prospect”) announced in its most recent quarterly report submitted to the Securities and Exchange Commission (SEC) that “there is substantial doubt about the company’s ability to continue as a going concern” for at least one year after February 13, 2023. 
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SEC Examiners to Target Complex Products, Annuities, Non-Traded REITs in Reg BI Investigations

February 27th, 2023 at 3:26 PM
The Securities and Exchange Commission’s (SEC’s) Examinations Division will target advisors’ recommendations of complex derivatives and leveraged ETFs, as well as annuities and nontraded REITs in Regulation Best Interest (Reg BI) investigations in 2023. 
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Former Edward Jones Advisor Prevails in TRO Dispute After Joining Ameriprise

February 24th, 2023 at 10:42 AM
A federal judge has denied Edward Jones’ request to restrict an Illinois-based advisor from contacting his former clients after departing for Ameriprise. 
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Hightower Sues Texas Advisor Who Departed For Avidian

February 23rd, 2023 at 4:29 PM
Hightower Advisors has filed suit against a Texas-based advisor, James McGinness, for allegedly misappropriating confidential client information and improperly soliciting his former clients in violation of his employment agreement. 
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Hartman vREIT XXI Suspends Investor Distributions

February 22nd, 2023 at 4:38 PM
Hartman vREIT XXI announced that its sponsor, Hartman Income REIT Management, has indefinitely suspended investor distributions. 
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The Financial Industry Regulatory Authority (FINRA) has suspended former Arvest Wealth representative Brandon Still for 18 months and fined him $5,000 after determining that he improperly used firm funds that were mistakenly deposited into his account.

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FINRA Seeks to Make Remote Inspection Program Permanent

The Financial Industry Regulatory Authority (FINRA) is seeking approval from the Securities and Exchange Commission (SEC) to make its pandemic-era remote inspections program permanent before the current pilot is scheduled to expire in June 2027, according to AdvisorHub and FINRA's summary of its recent Board of Governors meeting.

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SEC Alleges Illinois Investment Adviser Misappropriated Investor Funds and Concealed Losses

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