Wealth Management

With most stocks falling yesterday, the Cboe Volatility Index (VIX), also known as Wall Street’s fear gauge, jumped 15.5% to close the day at 23.80. This was the index’s highest closing level in almost three weeks. This resulted in volatility-related ETFs seeing large jumps in performance. For instance, the ProShares VIX Short-Term Futures ETF (VIXY) rose 6.5% on the day, while the leveraged ProShares Ultra VIX Short-Term Futures ETF (UVXY) jumped 9.7%. The VIX had previously been on a downturn since the market bottomed in June, but with anxiety beginning to hit investors once again, volatility is returning. The jump in the VIX can be attributed to investors anticipating another round of interest hikes in September. Plus, last Thursday’s month-end options expirations likely contributed to a resurgence in volatility. 


Finsum: Month-end option expirations and concerns over additional rate hikes drove the VIX higher yesterday, resulting in strong returns for volatility ETFs.

New York state’s Department of Financial Services (NYDFS) has proposed updates to regulations in the oversight of cybersecurity risks. The proposal would require board approval of cyber policies at banks, insurers, and other financial institutions that meet a certain size threshold laid out by the regulator. Companies would also have to disclose whether their directors have the expertise to oversee security risks or if they rely on outside cyber consultants. The proposal updates New York’s first-of-its-kind cybersecurity rules for financial institutions. Companies that run afoul of the new rules would risk NYDFS fines. The proposal follows similar federal proposals in which the SEC had highlighted board cyber expertise in proposed breach-reporting rules. Both the SEC and NYDFS proposals highlight the fact that increased threats from ransomware are too broad for security experts to oversee on their own. The updated regulations are expected to increase pressure on companies to quickly gauge the business impacts of such events. 


Finsum: Following in the SEC’s footsteps, the NYDFS has proposed an update to cybersecurity regulations that would require board approval of cyber policies at financial institutions.

Western International Securities Inc., which is the first broker-dealer to be sued by the SEC for alleged violations of its Regulation Best-Interest fiduciary rule, is expected to spend at least $1 million on its defense. The broker-dealer is accused of failing to meet its fiduciary obligations by selling $13.3 million in high-risk, unrated junk bonds that were not in the best interest of retirees and other risk-averse retail customers. Western said it plans to “actively defend” itself against the SEC’s allegations. Brian Rubin, a partner at Eversheds Sutherland LLP, estimated that Western’s legal fees will cost anywhere from several hundred thousand dollars to well over $1 million. He believes that it’s likely that the SEC demanded too much to settle due to it being its first Reg BI enforcement case. Since the conduct took place after the effective date of Reg BI in June 2020, the SEC brought the charges under Reg BI as opposed to its predecessor suitability standard. 


FinsumWestern International Securities is expected to spend at least $1 million on attorney fees as it fights the first Reg BI lawsuit.

 

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