Overview
Pat Linehan, Wesley Heath, and Jennifer Shulkin authored an article for the American Bar Association Litigation Section titled "The Evolving Line Between Legal and Illegal Trading and Sales Practices in the Market Intermediary and Customer Relationship." The August 2021 article discusses the federal government's recent number of criminal cases concerning the relationship of broker-dealers serving as market intermediaries with their customers in sophisticated markets where trading is largely over the counter. The authors provide potential legal risk mitigation strategies for intermediaries that are beginning to emerge from these prosecutions.