Biography
Paul A. Lieberman has a distinguished legal practice devoted to client-centric representation in the financial services industry, including broker-dealers, investment advisers, public and private investment companies, insurance companies, registered representatives, financial advisers, agents and associated staff.
He regularly counsels clients on issues relating to formation and governance, regulation, litigation, compliance, employment, and risk management, supervision, cybersecurity and privacy. Mr. Lieberman also handles various commercial and corporate transactions; including venture capital financing, under-writings, and private placements.
Mr. Lieberman has more than three decades of experience preparing and revising policies and procedures, developing effective supervision structures, underwriting, research, Chinese Walls and insider trading requirements, assisting in firm training programs, mock exams, product development, leading and coordinating internal investigations and defending regulatory enforcement proceedings before the SEC, FINRA and state securities departments/commissions. He advises clients in effecting Broker Protocol compliant transitions, negotiating financial packages, and assists in a diverse range of employment/HR-related matters, including pre-hire due diligence, U4/U5 disclosures, restrictive covenants, and non-solicitation/non-competition provisions.
Mr. Lieberman is admitted to practice law in New York, New Jersey, District of Columbia, and the United States District Court of the Eastern and Southern Districts of New York.
Representative Matters
- Review and revision of firm’s policies and procedures, Codes of Ethics and training programs.
- Monitored compliance of client’s undertakings in SEC settlement agreements, and assisted clients in development and implementation of revised compliance policies/procedures, including supervision matters.
- Counseled senior management and CCOs in meeting examination challenges and coordinating responses to document requests and reviews of internal risk assessments.
- Advised clients in a wide range of securities and advisory issues affecting broker-dealers, investment advisers and hedge funds, including supervisory, back-office/operations matters, and regulatory compliance affecting officers, directors, employees, independent contractors and staff.
- Represented producer teams and individuals in Broker Protocol transitions, prosecuting and defending cease and desist actions, including protocol training, review of compensation packages forfeited and negotiation of new compensation arrangements.
- Addressed termination disclosures and State/FINRA registration issues.
- Registration and disclosure matters with state insurance departments
- Advised clients on carrier due diligence and selection, policy coverage, for D & O, E & O, fidelity bonds, and renewal/disclosure matters.
- Debt/Equity underwritings and private placements
Cyber Security & Data Privacy Representative Matters
- Assisted clients in the development and implementation of Cybersecurity policies/procedures, including data breach plans, risk assessments, providing advice on breach notification requirements under state and federal law, training programs and coordination of breach notices with client staff.
- Worked with clients to evaluate and select ‘best of breed’ technical services vendors and consultants.
- Prepared and negotiated agreements involving privacy data security, IT services and consulting contacts.
- Provided advice to clients on federal and state governmental regulations, NIST developments, compliance obligations and litigation matters.
- Defended financial industry clients during investigations involving hacking, imposters, data security threats and breaches and resolutions.
- Maintains currency with federal and state data privacy regulations and statutes.
Presentations
| Title | Date | |
|---|---|---|
| Misuse of Social Media | 2014 | |
| Privacy and Cyber Security | 2014 | |
| Mock SEC/FINRA Exams | 2014 | |
| AML examinations | 2014 | |
| Client Alerts on current developments involving BD’s, IA’s and Funds. | 2014 | |
| Compliance and Supervision in the Current Regulatory Environment, Broker-Dealer Investment Adviser Training Program | September 19, 2013 | |
| Dodd-Frank Act/Financial Overhaul Reform Act, Impact on Investment Advisers | ||
| Financial Industry Products in a Nutshell, covering Managed Futures, VA’s; Suitability, Alternative Investments and Regulatory Developments affecting VA’s, REIT’s and Private Placements | ||
| The Holy Trinity: Suitability, Supervision and Sales Practices | ||
| Best Practices for Avoiding and Managing Legal Disputes | ||
| AML Requirements Tutorial | ||
| How to Survive SEC, FINRA and State Examinations | ||
| Compliance Issues Posed by LinkedIn, Blogging and Social Networking Sites | ||
| Exploring Compliance, Legal and Regulatory Issues of Collaborative Divorce Process | ||
| Going Independent Workshop, Investment News, Stamford, CT | June 18, 2010 | |
| Fiduciary Duty, Conflicts of Interest, Disclosure & Suitability Determinations, FPANJ conference, Woodbridge, New Jersey | March 2010 | |
| Navigating the Regulatory Waters, Society for Financial Service Professionals, Phoenix, Arizona | May 2009 | |
| New Variable Annuities Rules and Avoiding Client Complaints, Society for Financial Service Professionals, Red Bank, New Jersey | December, 2009 | |
| Case Studies in Customer Complaints, Regulatory Matters & Internal Investigations, Market Counsel Member Summit, Princeton, New Jersey | October 2009 | |
| Compliance Issues Posed by LinkedIn, Blogging For Broker-Dealers, Schwab | March, 2009 | |
| Keys to Managing and Supervising Independent Contractors, Securities Industry Association | Dallas, Texas, 2001 |
Articles
FINRA Wants to Know If Broker-Dealers Are Involved in Digital Assets
July 3, 2020
SCOTUS Limits SEC’s Power to Recoup Ill-Gotten Gains
July 5, 2020
Policy and Privacy Concerns for “COVID-19 Return to Work”
June 2, 2020
Remote Regulatory Exam and Response Insights
May 5, 2020
COVID-19 Highlights Importance of Succession Plans
May 2, 2020
Planning for Compliance’s “Next Normal”
May 2, 2020
Does Your Business Continuity Plan Cover Pandemics?
April 5, 2020
No Extension of Deadlines for Regulation Best Interest and Form CRS
April 2, 2020
Client Alert: SEC and FINRA issue Regulatory Relief During COVID-19 Pandemic
March 3, 2020
Key Takeaways from the SEC’s Annual Enforcement Report
December 5, 2019
Is Your Firm Preparing for Regulation Best Interest?
November 5, 2019
Importance of Training Your Employees About Insider Trading
October 2, 2019
SEC Adopts New Standards for Broker-Dealers and Investment Advisers
June 4, 2019
Client Alerts
ACA Insights
| Title | Date |
|---|---|
| Partner Paul Lieberman Quoted In ACA Insights Regarding SEC Deals with Backlog as It Resumes Full Operations | February 4, 2019 |
| Partner Paul Lieberman Quoted In ACA Insights Regarding Unearned Advisory Fee Refunds | September 10, 2018 |
| Quoted In ACA Insights Regarding SEC Compliance | January 24, 2018 |
Recent Articles
- Education
- American University, Washington College of Law (JD, 1973)
- City College of New York, (B.A., 1970)
- Bar Admissions
- District of Columbia
- New Jersey
- New York
- United States District Court Southern District of New York
- United States District Court Eastern District of New York
- Additional Information
American Bar Association
- Litigation Section
District of Columbia Bar Association
New Jersey State Bar Association
- Law and Employment Law Section
- Securities Litigation and Regulatory Enforcement Committee
New York State Bar Association
- Commercial and Federal Litigation Section
- Dispute Resolution Section
- Business & Commercial Law Committee Member
- Committee on Corporate Litigation Counsel
- ComFed Committee on Arbitration and ADR
SEC Alumni Association Member
SEC Enforcement Alumni Member
Former member of PSA, Independent Firms Subcomittee
Society of Financial Services Professionals, Member
Corporate Counsel Association
- Association of Securities and Exchange Commission Alumni
- Securities Regulators Network
The National Society of Compliance Professionals, Inc., Member