In the News
“The Regulators’ Conflicts of Interest” published in Advisor Perspectives
“A new SEC rule (Regulation Best Interest or “Reg BI”) that takes effect June 30 will encourage the acceptance and transmission of conflicts of interest. This rulemaking is a historic, giant step backwards in securities regulation. It turns principles of advice in the client’s best interest on its head. It is certain to undermine trust in financial advisors.
“Trust and honesty are crucial not only in finance, but to any relationship in which one party (dependent) entrusts to another party (trustee) power over the dependent party itself or over its interests.”
In Reg BI Revolt, RIA Trade Group Unveils ‘Conflicts Can Be Deadly’ Ad Campaign
June 19, 2020
A pro-fiduciary advisor trade group has unveiled a “Conflicts Are Deadly” ad campaign that, while referencing the Covid-19 epidemic, accuses the SEC of failing to mitigate costly broker-dealer conflicts of interest in its new Regulation Best Interest regulation.
* * *
“It is time for the commission to remember that it is the fiduciary of this country, its securities system and its citizens—investors. The commission is not an arbitrator among the conflicting parties in the market place,” Frankel said at the press conference.
Next Generation Indie Book Awards 2020 Finalist
Tamar Frankel’s Living in Different Cultures is recognized as a Finalist in the 2020 Next Generation Indie Book Awards category Autobiography/Biography. A complete list of honored books and authors is available here.
After 50 Years, Tamar Frankel Is “Retiring” from LAW Faculty
BU Today, 7/3/2018
At 93, she plans to continue teaching and “shaking up Wall Street” … It was 1968, and LAW’s new professor was shuffled off to a basement office in the school library. Her reaction? “It was perfect,” she says. “I didn’t have to put the books back” after using them. The quiet also helped her complete her doctoral thesis on variable annuities for Harvard Law School. But despite her thick skin, it was irksome when one male colleague described women as average achievers with “no spark of insight or brilliance.” Another, she learned years later, deemed her hiring a mistake.
What a difference living to 93 makes. Frankel’s birthday is tomorrow, when she’ll “retire” from the faculty, although retirement is relative with this human perpetual motion machine. … Read more.
John H. Langbein Receives 2019 Frankel Fiduciary Prize
The Institute for The Fiduciary Standard awards the Frankel Fiduciary Prize for 2019 to John H. Langbein, Sterling Professor Emeritus of Law and Legal History at Yale Law School. Read more.
Commentary Municipal advisors’ fiduciary duty of care is more than just `professional standards’
The Bond Buyer, 9/17/2018
“. . . The fiduciary duty to speak applies even when the municipal advisors believe that their clients may already know, or may be able to discover, the information. Tamar Frankel states that a fiduciary has ‘a duty to tell the entrustor how the fiduciary is providing the services and what happened to the entrustment, regardless of whether the entrustor asked for the information. The entrustor does not have to ask.’. . .”
Harold Evensky To Receive Frankel Fiduciary Prize
Harold Evensky, the 2018 recipient, is the Chairman of Evensky & Katz/Foldes Financial and recently retired professor at the Texas Tech University Personal Financial Planning Department. Evensky received his Bachelor’s and Master’s degrees in engineering and business from Cornell University. He is the past Chair of the International CFP® Council, the CFP® Board of Governors, and the TIAA-CREF Institute Advisory Board. He is on the Editorial Advisory Board of the Journal of Financial Planning and the Journal of Retirement.
Tamar Frankel Fiduciary Prize receives joint appointment
MIT Sloan School of Management and the MIT Media Lab today announce the joint appointment of Gary Gensler as Senior Advisor to the Director of the Media Lab and Senior Lecturer, MIT Sloan School of Management. … Read more.
Professor Tamar Frankel and Law Reviews
March 2, 2017
Tamar Frankel, Professor of Law at Boston University School of Law, explains the importance of student-edited law journals and her choice to publish with the University of Bologna Law Review. View here.
The award honors a lawyer whose work has had a significant impact on women, the legal community, and the academy.
Professor of Law and Michaels Faculty Research Scholar Tamar Frankel has been selected to receive the Ruth Bader Ginsburg Lifetime Achievement Award from the American Association of Law School’s (AALS) Section on Women in Legal Education. … Read more.
Barbara Roper Receives 2017 Frankel Fiduciary Prize
Barbara Roper, the 2017 recipient, is Director of Investor Protection for the Consumer Federation of America, where she has served investors since 1986. Roper has conducted studies of abuses in the financial planning industry, and of state oversight of investment advisers. She has testified before Congress and has supported federal and state legislative and regulatory initiatives on a broad range of investor issues.
The 92-Year-Old Woman Who Is Still Shaking Up Wall Street
Wall Street Journal, 12/2/2017
Most people measure patience in hours, weeks or months. Tamar Frankel measures it in decades. Ms. Frankel, a law professor at Boston University, is the intellectual godmother of the fiduciary rule, a regulation from the U.S. Department of Labor requiring anyone being paid to provide investment advice … Read more.
Phyllis C. Borzi Receives 2106 Frankel Fiduciary Prize
Phyllis C. Borzi, the 2016 recipient, was Assistant Secretary for Employee Benefits Security of the U.S. Department of Labor from 2009 to 2017. Prior to serving as Assistant Secretary, Borzi was of counsel to the Washington law firm of O’Donoghue & O’Donoghue LLP, specializing in ERISA and other legal issues affecting employee benefit plans. From 1979 to 1995, Borzi served as pension and employee benefit counsel for the U.S. House, Subcommittee, of the Committee on Education and Labor.
David Swensen Receives 2015 Frankel Fiduciary Prize
David Swensen, the 2015 recipient, Yale University’s Chief Investment Officer, oversees Yale’s endowment and related assets. Prior to joining Yale in 1985, Mr. Swensen spent six years on Wall Street. Mr. Swensen authored Pioneering Portfolio Management: An Unconventional Approach to Institutional Investment and Unconventional Success: A Fundamental Approach to Personal Investment, by The Free Press.
Gary Gensler Receives 2104 Frankel Fiduciary Prize
Gary Gensler, the 2014 recipient, was sworn in as the Chairman of the Commodity Futures Trading Commission on May 26, 2009. Chairman Gensler previously served at the U.S. Department of the Treasury as Under Secretary of Domestic Finance (1999-2001) and as Assistant Secretary of Financial Markets (1997-1999). He subsequently served as a Senior Advisor to the Chairman of the U.S. Senate Banking Committee, Senator Paul Sarbanes, on the Sarbanes-Oxley Act.
Exclusive Interview with Tamar Frankel: DOL Should Return to ERISA’s Original Definition of Fiduciary
Fiduciary News, 7/23/2013
Just days ago, The Institute for the Fiduciary Standard announced Robert A. G. Monks as the first winner of the Frankel Fiduciary Prize. According to the press release issued by the Institute, the Frankel Fiduciary Prize, named for Professor Tamar Frankel, the Michaels Faculty Research Scholar at the Boston University School of Law, was established to acknowledge individuals who have made significant contributions to the preservation and advancement of fiduciary principles in public life. We are honored to feature Professor Frankel in this month’s FiduciaryNews.com Exclusive Interview. … Read More.
Robert A. G. Monks Receives 2013 Frankel Fiduciary Prize
Robert A. G. Monks, the 2013 recipient, has been an outspoken advocate of stronger fiduciary duties and a prolific author on corporate governance over a long career. Monks was appointed a founding trustee of the Federal Employee Retirement System by President Reagan, and also served in the Department of Labor as Administrator of the Office of Pension and Welfare Benefit programs. He founded of Institutional Shareholder Services, and co-founded The Corporate Library (now Governance Metrics International). Monks founded the Hermes Lens Fund, and has served as a director of twelve publicly traded companies.
Lawyer Limelight: Tamar Frankel
On Oct. 29, Boston University School of Law is honoring law professor Tamar Frankel with a conference on The Role of Fiduciary Law and Trust in the 21st Century. … Read More.
Examining the Ponzi Scheme Through the Mind of the Con Artist
New York Times, 8/20/2012
Maybe “Ponzi scheme” should have its own spot in the Dewey Decimal System. Along with biographies of the schemers, a growing stack of scholarly references, legal tomes and articles aims to collect knowledge about this age-old crime. … Read more.
Top Woman in Wealth 2010
One of Wealth Manager’s 50 Top Women in Wealth for 2010, Tamar Frankel has been in demand for decades as a top scholar in fiduciary law—perhaps never more than this past year, however, as the debate over whether brokers who provide advice should have fiduciary duty to their clients. … Read more.
Struggling Over a Rule for Brokers
New York Times, 2/16/2010
While most of the debate about financial overhaul legislation has focused on the impact on how big banks do business, one piece that would affect consumers directly has received little public notice: a requirement that stock and insurance brokers act in their customers’ best interest. … Read more.
The Buck Starts Here: Professor Tamar Frankel on Ponzi Schemes
Boston University, 3/25/2009
On March 25, 2009, BU Law professor Tamar Frankel discussed Ponzi schemes as a part of The Buck Starts Here series. View Here.
Lawyers Are Warned on Mutual Fund Roles
New York Times, 12/5/2003
Regulators may soon open a new front in their investigation of possible wrongdoing at mutual funds, focusing on the role of lawyers who represent them, a senior Securities and Exchange Commission official said yesterday. … Read More.