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America August 25, 2023 3 mins read

Strict Fiduciary Duty For Robinhood

America ı By Rihem Akkouche

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Strict Fiduciary Duty For Robinhood

In a pivotal move, Massachusetts' Supreme Judicial Court stood firm on Friday, championing a groundbreaking fiduciary rule. This rule equates broker-dealers, like Robinhood LLC, to investment advisers in terms of standards - an unprecedented shift that has the industry buzzing.

Strict Fiduciary Duty For Robinhood: Reversing the Winds

Overturning a prior lower court decision, the unanimous verdict rejected the assertion that Commonwealth Secretary William Galvin overreached by introducing this revolutionary rule in March 2020.

The analogy is akin to watching the pendulum swing back, with a force that underscores the importance of protecting investors in this digital age.

Galvin’s Broad Brush of Authority

The Massachusetts Uniform Securities Act (MUSA) paints a clear picture of Galvin’s extensive powers, aimed at "protecting investors" at his discretion.

Justice Dalila A. Wendlandt, penning for the court, emphasized, "Galvin adroitly adapted the standard of care, mirroring the evolving roles of new-age broker-dealers, whose business models often stray from traditional pathways."

The Tug of War Between Galvin and Robinhood

In a tale reminiscent of David and Goliath, Galvin initiated an administrative action, pointing fingers at Robinhood for potentially sidestepping his enhanced fiduciary rule.

The online stockbroker giant, known for its no-fee platform, retaliated with a lawsuit to counteract the rule.

 A Legal Duel: The Battle Lines Drawn

While Robinhood expressed disappointment post-verdict, Galvin heralded it as a victory.

He stated, "The rule strengthens the protective shield for Massachusetts investors when brokers advise on investments."

Meanwhile, Lucas Moskowitz, Robinhood's deputy general counsel, emphasized the company's unwavering commitment to their Massachusetts clientele and hinted at further action after thorough review.

Strict Fiduciary Duty For Robinhood: A Dance with Common Law

Previously, a judge had nullified Galvin's rule, citing it was in conflict with a former high court's resolution.

However, Justice Wendlandt argued that the legislature can indeed infuse additional safeguards for investors via MUSA. She eloquently posited, "The rights under MUSA stand shoulder-to-shoulder with common law."

State vs. Federal: The Tightrope Walk

Brushing aside Robinhood's assertion that this fiduciary rule is misaligned with other states and the U.S. Securities and Exchange Commission's guidelines, the court emphasized that Congress and the SEC were cognizant of states imposing fiduciary obligations but chose not to override them.

Galvin’s Broader Concerns

At the heart of this legal maelstrom, Galvin has voiced concerns about Robinhood targeting young, novice investors, nudging them towards risky trading.

The blurred lines between broker-dealers and investment advisers demand a rigid care standard, he asserts.

Strict Fiduciary Duty For Robinhood: Legal Eagles at Play

Representing Robinhood are legal maestros from Morgan Lewis & Bockius LLP and Williams & Connolly LLP, while the state is championed by stalwarts from the Massachusetts Attorney General's Office.

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Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

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