FINANCIAL PLANNING ASS'N v. S.E.C.

No. 04-1242.

482 F.3d 481 (2007)

FINANCIAL PLANNING ASSOCIATION, Petitioner v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 30, 2007.


Attorney(s) appearing for the Case

Merril Hirsh argued the cause for petitioner. With him on the briefs was Jonathan A. Cohen.

Rachel M. Weintraub and Mercer E. Bullard were on the brief for amici curiae Consumer Federal of America and Fund Democracy, Inc. in support of petitioner.

Debra G. Speyer was on the brief for amicus curiae Public Investors Arbitration Bar Association in support of petitioner.

Rex A. Staples was on the brief for amicus curiae North American Securities Administrators Association, Inc. in support of petitioner.

Rada L. Potts, Senior Litigation Counsel, Securities & Exchange Commission, argued the cause for respondent. With her on the brief were Brian G. Cartwright, General Counsel, Jacob H. Stillman, Solicitor, Michael A. Conley, Special Counsel, and Jeffrey T. Tao, Senior Counsel.

Before: ROGERS, GARLAND and KAVANAUGH, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROGERS.

Dissenting opinion filed by Circuit Judge GARLAND.

ROGERS, Circuit Judge.

Brokers and dealers are not subject to the requirements of the Investment Advisers Act ("IAA") where their investment advice is (1) "solely incidental to the conduct of [their] business as a broker or dealer," and (2) the broker or dealer "receives no special compensation therefor...

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