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No Need for Seeking Alpha to Seek Registration

By Steven M. Malina, Richard M. Cutshall, Arthur Don, Miriam (Mimi) G. Bahcall, Brian D. Straw & Melissa Peach on August 26, 2024
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On Aug. 15, 2024, a federal court dismissed a proposed class action against financial analysis website Seeking Alpha, Inc. (Seeking Alpha). The lawsuit was brought in July 2023 by subscribers who accused Seeking Alpha of operating as an unregistered investment adviser and unlawfully collecting subscription fees by providing investing advice and customized email alerts on its website without having relevant state and federal registrations.

Continue reading the full GT Alert.

Photo of Steven M. Malina Steven M. Malina

Steven M. Malina, a former Senior Attorney in the SEC’s enforcement branch, focuses his practice on a variety of litigation and regulatory matters with representations of financial services industry clients, hedge fund matters, and securities and general commercial litigation. He represents officers, directors,

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Steven M. Malina, a former Senior Attorney in the SEC’s enforcement branch, focuses his practice on a variety of litigation and regulatory matters with representations of financial services industry clients, hedge fund matters, and securities and general commercial litigation. He represents officers, directors, broker-dealers, investment advisors, commercial banks, investment banks, investment management firms, and public issuers in investigations and disciplinary proceedings initiated by the SEC, CFTC, FINRA, FDIC, NYSE, CBOE, CME, and state regulators. In addition, Steve represents clients in related investor class-action, derivative, and other litigation and arbitration. He has also conducted internal investigations on behalf of publicly traded companies and represented committees and executive officers in internal investigations. Steve has represented brokerage firms and their management in customer-initiated cases, and injunction and arbitration proceedings.

Prior to entering private practice, Steve served as First Vice President and Deputy Regional Counsel for a large financial corporation and was a Senior Attorney in the Branch of Enforcement of the U.S. Securities and Exchange Commission.

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Photo of Richard M. Cutshall Richard M. Cutshall

Richard M. Cutshall is Co-Chair of the firm’s Financial, Regulatory and Compliance Practice, Co-Chair of the firm’s Private Funds Group, and Co-Chair of the firm’s Investment Management Group. Rich has experience representing clients in a variety of investment management, general securities, and corporate

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Richard M. Cutshall is Co-Chair of the firm’s Financial, Regulatory and Compliance Practice, Co-Chair of the firm’s Private Funds Group, and Co-Chair of the firm’s Investment Management Group. Rich has experience representing clients in a variety of investment management, general securities, and corporate matters, including the representation of mutual funds, ETFs, and other funds registered under the Investment Company Act of 1940; fund and ETF independent directors; unregistered investment funds; federally registered, state registered, and federally and state exempt investment advisers; broker-dealers; and an array of public and private companies.

Rich represents investment adviser clients at all stages of their life cycle, from concept and formation through registration, daily operation through wind-down and exiting the business, including representing investment adviser clients on both the buy-side and sell-side in M&A transactions. He also represents clients in all aspects of investment company practice, including organizing and forming new funds and ETFs, registering mutual funds and ETFs with the SEC, and the acquisition and merger of public funds.

In the course of representing investment advisers and public and private funds, Rich advises Greenberg Traurig’s clients on all aspects of securities regulatory compliance, particularly including new and existing SEC rules; SEC examination, regulatory, and investigative initiatives and sweeps; the SEC’s proposal, adoption, and implementation of new regulations, such as the recently rewritten investment adviser marketing rule; and finding compliance solutions related to the regulatory scheme applicable to investment advisers and investment funds, including implementing both novel and long-standing SEC regulatory guidance and interpretations. He also advises clients on the day-to-day aspects of corporate governance, board and adviser fiduciary responsibility, and SEC compliance, as well as assisting clients in all aspects of SEC and other regulatory examinations.

Rich has given presentations on and assists a variety of investment management clients with their compliance with anti-money laundering laws, and has performed annual independent third party audits of several clients’ anti-money laundering policies, programs and controls.

Rich also has experience representing clients in many industries in the sale or acquisition of businesses, formation of corporate entities, sophisticated contract negotiations, and in obtaining, renewing and renegotiating the terms of financing business operations. He routinely works with clients’ chief executive officers, chief financial officers, directors, and in-house general and assistant general counsels, including occasionally working from clients’ corporate headquarters upon request. Rich works with corporate and finance clients of all sizes, from startup family-run businesses and entrepreneurial endeavors to Fortune 500 clients. He also has experience representing clients across many industries, including health care, data management, retail product display and advertising design and manufacturing, industrial manufacturing, and real estate management and brokerage industries.

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Photo of Arthur Don Arthur Don

Arthur Don has more than 45 years of experience representing public and private investment companies, money managers and investment advisers, mutual funds and their independent directors, private investment funds (including private equity funds and real estate funds), and broker-dealers. His practice focuses on…

Arthur Don has more than 45 years of experience representing public and private investment companies, money managers and investment advisers, mutual funds and their independent directors, private investment funds (including private equity funds and real estate funds), and broker-dealers. His practice focuses on regulatory structuring and compliance matters, governance, and sophisticated securities matters and transactions.

Throughout his career, Arthur has represented some of the nation’s most well-known and successful investment managers. His decades-long experience in the investment management arena enables him to provide bespoke counseling and strategies.

In addition, Arthur has represented issuers and underwriters in numerous public offerings. He frequently advises on independent director fiduciary duties and compliance policy issues and the implementation of ESG (Environmental, Social, and Governance) principles.

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Photo of Miriam (Mimi) G. Bahcall Miriam (Mimi) G. Bahcall

Miriam G. Bahcall focuses her practice on a variety of financial services industry litigation and regulatory matters, as well as general commercial litigation. She has represented underwriters, broker-dealers, insurance companies, directors and officers in class action and derivative litigation. In addition, Mimi has…

Miriam G. Bahcall focuses her practice on a variety of financial services industry litigation and regulatory matters, as well as general commercial litigation. She has represented underwriters, broker-dealers, insurance companies, directors and officers in class action and derivative litigation. In addition, Mimi has represented broker-dealers, investment banks, investment management firms, and public issuers and their management and employees in investigations and disciplinary proceedings initiated by the SEC, FINRA, CBOE and state regulators. She has also conducted internal investigations of publicly traded domestic and foreign companies whose operations are in the United States and China. Additionally, Mimi has represented brokerage firms and their management in various customer-initiated cases, and injunction and arbitration proceedings.

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Photo of Brian D. Straw Brian D. Straw

Brian D. Straw is an associate in the Litigation Practice of the firm’s Chicago office. His practice focuses on consumer class actions, commercial and business litigation, financial services and securities litigation. Within the consumer class action space Brian defends companies against false advertising…

Brian D. Straw is an associate in the Litigation Practice of the firm’s Chicago office. His practice focuses on consumer class actions, commercial and business litigation, financial services and securities litigation. Within the consumer class action space Brian defends companies against false advertising claims including challenges to nutrition, origin and utility labeling under the Lanham Act and other state consumer protection statutes. Brian also has a wealth of experience defending officers, directors, broker-dealers, investment advisors, and public issuers against related investor class-actions, FINRA and financial services litigation for clients.

In addition to the above Brian maintains an active sports law practice representing institutions, coaches, and student athletes on issues surrounding athletic eligibility, national letters of intent, student-athlete transfers, and compliance issues. Brian played an active role defending Floyd Mayweather and Mayweather Promotions LLC in a multidistrict litigation proceeding stemming from the Mayweather/Pacquiao boxing match.

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Photo of Melissa Peach Melissa Peach

Melissa Peach, a member of Greenberg Traurig’s Corporate Practice in New York, concentrates her practice on fund formation and investment management. Melissa represents clients in matters involving the formation, structuring, management, and related legal issues for a wide range of domestic and international

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Melissa Peach, a member of Greenberg Traurig’s Corporate Practice in New York, concentrates her practice on fund formation and investment management. Melissa represents clients in matters involving the formation, structuring, management, and related legal issues for a wide range of domestic and international investment funds. She also has experience representing clients in connection with investments in private funds and secondary transaction matters.

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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Financial Services Observer
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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