Posts By: Paul Vorndran

Update on Colorado Courts: Getting Back to Work

February 05, 2021 | Articles

Jury trial dates in courts across Colorado are moving targets in 2021, with each district acting independently on when and where to get back to work. By Paul Vorndran. Governor Polis moved the state of Colorado from Level Red to Level Orange on the COVID-19 dial on January 4, 2021. As people began to move… Read more »

SEC Proposed Finder Rule Clarifies Little

January 29, 2021 | Articles

The SEC’s proposed order has implications for all sellers. While meant to open private capital markets and expand finder activities, the unintended consequence may be the blurring of the lines between finders and sellers, subjecting unwitting investment advisers and insurance producers to claims for unlicensed securities sales. By Paul Vorndran.  Issued October 7, 2020, the… Read more »

When “fiduciary” leads to disputes

January 22, 2021 | Articles

  The gray area, where “suitable” activities cross over to activities that are fiduciary in nature, is when disputes that drive consequential outcomes happen. By Paul Vorndran There is not always a bright-line test for determining when an individual’s activities cross the line from insurance producer to investment adviser, or when suitability crosses over to… Read more »

Another Ponzi Scheme – Pot and Cattle

October 04, 2019 | Articles

If you are an adviser who sold these investments without knowledge that they were unlawful, or have received a notice from regulators, take steps to protect yourself and your retail clients.

Annuities Sellers Beware: Advice May Trigger Enforcement

April 25, 2019 | Articles

By Paul L. Vorndran Selling an annuity while advising investors about their securities investments will subject you to enforcement action by the Colorado Securities Commissioner. In the summer of 2018, the Colorado Securities Commissioner (Commissioner) adopted a rule which provides that an insurance agent who receives commissions from the sale of insurance products, where the… Read more »

Investment or Financial Professional Titles: Making Sense of It All

April 22, 2019 | Articles

(Originally published December 1, 2015) By Paul L. Vorndran Deciding upon whom to trust to deliver accurate and fair advice is an investor’s first difficult decision. In the investment world, a number of titles may be used by a professional offering various investments. But most of these are marketing tools issued by various organizations, and… Read more »

ETF Recommendations Under Scrutiny

April 19, 2019 | Articles

(Originally published December 1, 2015) By Paul L. Vorndran Regulators have been warning investors about investing in Exchange-Traded Funds (ETFs), a unit investment trust or open-end investment company whose shares represent an interest in a portfolio of securities that track an underlying benchmark or index.  In June 2009, those warnings were directed to broker-dealers and… Read more »