David partners with innovators around the world to help them capitalize on emerging US legal and regulatory trends at the intersection of financial technology and US financial regulation. He is a seasoned regulatory and enforcement attorney with 20 years of experience in the financial services industry.
David has significant experience providing legal and strategic advice on the establishment and maintenance of US and cross-border brokerage, investment advisory, and crypto asset operations. This work includes devising optimal US and cross-border operational structures, implementing required procedures, and creating and negotiating placement, finders, 15a-6, and other distribution agreements; investment advisory, soft dollar, and related arrangements; and crypto asset platform agreements, trading agreements, and custody agreements. David also represents broker-dealers and investment advisers in acquisitions, restructurings, and expansions, frequently providing guidance on investment adviser changes in control and broker-dealer Materiality Consultations, Continuing Membership Applications, and New Member Applications.
As a go-to advisor on regulatory matters impacting the industry, David counsels broker-dealers, investment advisers, and other financial institutions on questions involving SEC and Financial Industry Regulatory Authority (FINRA) regulations and related state laws. This includes helping clients comply with rules involving individual registration and licensing, marketing and advertising, and supervision. He also has extensive knowledge of regulatory issues affecting trading — such as best execution, short sales, and trade reporting — and sales practices, including suitability, conflicts of interest, and Regulation BI. Clients also seek David’s counsel on internal audits and investigations, mock examinations, and SEC and FINRA inquiries, investigations, and enforcement actions.
David is a recognized authority on the application of US broker-dealer and exchange/ATS frameworks to crypto asset companies. He speaks frequently on the topic and has been quoted in numerous publications, including the Wall Street Journal. He has also advised broker-dealers and advisers on the development of SEC-compliant ESG programs, policies, and procedures.
Prior to joining Mintz, David worked at two global law firms, where he advised clients on financial regulatory and enforcement issues involving traditional and crypto assets, as well as ESG considerations. Earlier, he worked at the SEC’s Division of Investment Management and in the Market Regulation & Transparency Services Department at FINRA.
viewpoints
Treasury Department Warns Financial Institutions to Prepare for AI-Age Fraud — AI: The Washington Report
April 4, 2024 | Article | By David Adams, Bruce Sokler, Raj Gambhir
SEC Approves Spot Bitcoin ETFs But Gensler Still Disapproves of Crypto
January 12, 2024 | Blog | By David Adams, Edmund P. Daley, Christopher D'Aliso, Frank Gerratana
SEC Chair Doubles Down on AI Conflict of Interest Rules, Warns Firms Not to “AI-Wash” — AI: The Washington Report
December 15, 2023 | Article | By David Adams, Bruce Sokler, Alexander Hecht, Christian Tamotsu Fjeld, Raj Gambhir
The US Securities & Exchange Commission Targets AI on Multiple Fronts — AI: The Washington Report
September 28, 2023 | Article | By David Adams
Expansive SEC Predictive Data Proposal Surprises Broker-Dealers, Advisers & Technology Providers
August 10, 2023 | Alert | By David Adams, Steve Ganis, Kari Harris, Pete Michaels , Talia S. Primor
News & Press
Private Fund Managers: Hello AML Compliance Officers
April 1, 2024
Treasury Warns of AI's Threat to Financial Sector, Says Cyberattackers 'Outpacing' Defenses
March 28, 2024
Bitcoin ETF Approval Doesn't Mean SEC Approves Of Crypto
February 13, 2024
The FINRA Reports That May Foreshadow New AI Rules
February 6, 2024
SEC Approves Bitcoin Listing, Trading After Appeals Court Defeat
January 11, 2024
Mintz Announces Record Member Growth in 2023
December 22, 2023
SEC's Electronic-Trader Suit Warns Firms to Protect Investors' Privacy, Securities Lawyers Say
October 17, 2023
SEC’s Take on Predictive Data Analytics: A Failed Prediction?
September 25, 2023
SEC's Supply Chain Climate Disclosure Proposal May Be Tweaked, Securities Attorneys Say
September 18, 2023
SEC Increases Scrutiny Of Fund Administrators, Financial Attorneys Say Amid Settlements
August 15, 2023
Mintz Adds Ex-Goodwin Counsel As Member In DC
July 24, 2023
2022 Brings ESG Disclosure Challenges for Asset Managers
February 3, 2022
Events & Speaking
Fad or Fundamental: The Role of Digital Assets in the Institutional Portfolio
Investment USA Conference, Reuters
New York
David partners with innovators around the world to help them capitalize on emerging US legal and regulatory trends at the intersection of financial technology and US financial regulation. He is a seasoned regulatory and enforcement attorney with 20 years of experience in the financial services industry.
Recognition & Awards
The Legal 500 United States: Recognized for exceptional client service (2021)
Irving R. Kaufman Memorial Securities Law Moot Court Competition, National Championship Winner (2007)
Irving R. Kaufman Memorial Securities Law Moot Court Competition, Best Championship Round Oral Advocate (2007)
David partners with innovators around the world to help them capitalize on emerging US legal and regulatory trends at the intersection of financial technology and US financial regulation. He is a seasoned regulatory and enforcement attorney with 20 years of experience in the financial services industry.
Involvement
- Member, District of Columbia Bar Association
- Member, New York Bar Association