Photo of Thomas D. Giachetti

Thomas D. Giachetti, Shareholder, is Chair of the Investment Management & Securities Practice Group. A former investment banker and NASD registered representative, Mr. Giachetti’s legal practice is devoted to investment-related matters, including the representation of investment advisers, financial planners, broker-dealers, public and private investment companies (e.g., mutual funds, hedge funds, etc.), CPA firms and registered representatives throughout the United States. He also advises claimants and respondents in securities regulatory, arbitration and litigation matters.

As you may already be aware, Stark & Stark has assisted countless investment advisers with regulatory, legal, and compliance matters over the past thirty plus years. We have assisted our clients with registration issues, preparing policies and procedures, interpreting and advising on new rules and regulations, avoiding and defending litigation, and serving as counselors. We look forward to continuing to be able to serve our clients in this manner for countless more years to come.

Continue Reading Outsourced Compliance Services

Since it first announced its “Cybersecurity Initiative” in April 2014, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) has been relentlessly setting its sights on RIA’s information security programs. In fact, as recently as its 2020 Examination Priorities, OCIE noted it will “continue to prioritize information security in each of its five examination programs.” I spoke to my partner, and our cyber expert, Cary Kvitka, regarding this ever-increasing important issue.

We’ve been helping RIAs draft customized cybersecurity policies and procedures under Regulation S-P, Rule 30(a) since April 2014. Among other things, it broadly requires RIAs to adopt written policies and procedures addressing technical safeguards to protect their clients’ data “against any anticipated threats or hazards to the security or integrity of customer records and information; and protect against unauthorized access to or use of customer records or information that could result in substantial harm or inconvenience to any customer.” Therefore, when we customize written cybersecurity policies and procedures for our clients, we have turned to OCIE’s published guidance to help identify and address their expectations.


Continue Reading Cybersecurity Amid the Current Pandemic

Advisors who are looking to move wirehouses frequently ask me where they can find information to help them make the right decision. If you’re an advisor who is thinking about going independent by joining a registered broker-dealer, becoming a registered investment advisor or you’re looking to start your own firm, there are a lot of factors that go into making this decision which require careful thought and consideration.
Continue Reading Assistance for Advisors in Transition

I was pleased when I read that Stark & Stark client CMG Capital was named by Bloomberg Markets Magazine as one of the best-performing hedge funds in their January 2006 cover story, Hedge Fund Hotshots. CMG Capital was ranked as the 4th best performing fixed income hedge fund based on it 14.4% 3-year return.
Continue Reading CMG Capital Named as a Top Performing Hedge Fund

In March, Schwab Institutional concluded its sold-out workshop series on transition planning that began in January. Schwab Institutional hosted these workshops, where third-party professionals including Stark & Stark guided participants through six two-day sessions designed to help with mergers, acquisitions and internal succession.
Continue Reading Independent Investment Advisors Demonstrate Demand for Schwab Advisor Transition Support Services