Thomas D. Giachetti, Esq.

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Thomas D. Giachetti, Esq.

Thomas D. Giachetti, Shareholder, is Chair of the Securities Practice Group. A former investment banker and NASD registered representative, Mr. Giachetti’s legal practice is devoted to investment-related matters, including the representation of investment advisers, financial planners, broker-dealers, public and private investment companies (e.g., mutual funds, hedge funds, etc.), CPA firms and registered representatives throughout the United States. He also advises claimants and respondents in securities regulatory, arbitration and litigation matters.

Mr. Giachetti is a recognized author and commentator on investment-related legal matters and a frequent lecturer at securities industry compliance seminars, annual meetings, and educational programs throughout the country. He also serves as an expert witness in securities litigation/arbitration matters throughout the United States. In 2014, Mr. Giachetti was featured in Investment Advisor Magazine’s 12th Annual IA25, a selection of the 25 most influential people in the investment advisor industry.

The Securities Practice Group of Stark & Stark represents investment advisers, financial planners, broker-dealers, CPA firms, registered representatives, public and private investment companies (e.g., mutual funds, hedge funds, etc.), and investors throughout the United States. The firm, with over 150 attorneys, and offices in Princeton, Marlton, Philadelphia, Yardley, and New York City serves clients located across the United States and Canada.

Recurring Industry Engagements

Columnist- Investment Advisor Magazine: The Compliance Coach • May 2015- 5 Key Issues for a Succession Plan

• April 2015- Why the SEC Doesn’t Need to Regulate Succession Planning • March 2015- Fight Back Against ‘Aggressive’ Exams

• February 2015- Don’t Be Complacent About Compliance • January 2015- The SEC Exam Process Lacks Consistency

• December 2014- The ERISA Mystery Part 11: Model Portfolios in Participant-Directed Plans

• November 2014- The ERISA Mystery • October 2014-The SEC and E-Signatures

• September 2014 – The SEC is Getting Into the Weeds

• August 2014 – Personal Securities Reporting – Push Back at Your Peril • July 2014 – Cybersecurity- The SEC’s Critical Initiative

• June 2014- SEC Releases Guidance on Social Media Testimonials

• May 2014- The Municipal Advisor Law and Its Implications: Several of the terms within the new law must be defined further

• April 2014- Private Funds: Are You a “Knowledgeable Employee”? • March 2014- Did You Miss the Deadline on SEC’s Reg S-ID? • February 2014- Overseeing the Supervisor

Thomas D. Giachetti, Esq.

Shareholder E: [email protected] P: 609.895.7255 F: 609.895.7395 www.Stark-Stark.com www.NJLawBlog.com Practice Areas • Securities Education • J.D. - Syracuse University College of Law (1984)

• M.A. - Economics; Syracuse University - Maxwell School (1984)

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• January 2014- How to Establish a Culture of Compliance • December 2013- The SEC Is Coming

• November 2013- Exam Update: Are You Ready for the SEC?

• October 2013- SEC Issues Risk Alert and Reminder: Continuity Plans and Reg S-ID • September 2013- Making Sense of Form 13F

• August 2013- Regulators Renew Focus on Business Continuity, Disaster Recovery Plans

• July 2013- Do You Need to File Form PF? • June 2013- Waving the Red Flag

• May 2013- 4 Factors for Compliance Success • April 2013- What Trait Defines Top Advisors? • March 2013- Three Keys to a Strong Facebook Policy • February 2013- The 2013 Compliance To-Do List • January 2013- Securing Your Clients’ Information • December 2012- The Dangers of Complacency

• November 2012- 18 Critical New Policy and Procedures for 2012-2013 • October 2012- 4 Causes of Advisory Firm Ownership Divorces • September 2012- The New and (Not) Improved Exam Process • August 2012 - Due Diligence: An Advisor’s Obligation • July 2012 - Fiduciary Duty: Best Execution Obligations

• June 2012- Fiduciary Duty: Best Practices for Fulfilling Suitability Obligations • May 2012 - Using Solicitors—Are You Compliant?

• April 2012 - The Limited Scope Examination

• March 2012 - Are You Fulfilling Your ‘Mandatory’ Training Requirement? • February 2012- Top 10 Compliance To-Do’s for 2012

• January 2012 – The Large Trader Rule

• December 2011 – Seven Easy Rules for a Safe Policies and Procedures Manual • November 2011 – The Long Arm of Dodd-Frank

• October 2011 – SEC Adopts Family Office Rule

• September 2011 - Will the SEC Ever Learn? Don’t Count On It • August 2011 - E&O Errors

• July 2011 – Are You Prepared for a Regulatory Exam? • June 2011 – From Deadlines to Lifelines

• May 2011 – You Can’t Regulate Crooks

• April 2011 - Dodd-Frank: An Overview of Pending Changes for Investment Advisors? • March 2011 – Get Form ADV Right

• February 2011 – 2011 Compliance Checklist

• January 2011 – Keeping Political Contributions Compliant • December 2010 – Will You Stay SEC Registered in 2011?

• November 2010 – New Form ADV: Re-Arranging the Deck Chairs • October 2010 – Custody: Why You May Actually Have It

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• September 2010 - Will the SEC Ever Learn? Don’t Count On It • August 2010 - Independent Advisors: Don’t Violate the Protocol • July 2010 – An IPS Happy Medium

• June 2010 – Independence’s Issues

Columnist- Investment Advisor Magazine: Expert’s Corner • October 2009 – Look Before You Lay Of

• September 2009 – It Beats Getting Sued

• June 2009 - Complacency, Risk, and the SEC Audit • February 2009 – The Skinny on the Protocol

• November 2008 – Reasoned and Reasonable: Making the case for regulation that makes sense

• August 2008 – The Three Troubling Themes • May 2008 - Got Unhappy Clients?

• February 2008 – Is An IPS the Answer? • December 2007 – Use Them, but Carefully • November 2007 – Confusion and Misinformation

• August 2007 – Internal Medicine: The options for structuring an internal succession plan

• June 2007 – Look Before Leaping

Expert Witness- Securities industry litigation and artbitration matters throught the United States

Recent National Speaking Engagements

• National Association of Active Investment Managers (NAAIM) Conference: “Uncommon Knowledge 2015” May 3-6, 2015 (Newport Beach, CA)

• CFA Wealth Management Conference. Keynote Address: “Cyber Risk- What You Need to Know”. March 4-5, 2015 (New Orleans, LA)

• T3 Conference. February 12-14, 2015 (Dallas, TX)

• TD Ameritrade National Conference. January 29, 2015 (San Diego, CA) • IMCA National Conference. December 9, 2014 (Phoenix, AZ)

• Fidelity- 2014 Inside Track Seminars. March 19, 2014, Washington, D.C.; June 2,

2014, Boston, MA; July 17, 2014, Half Moon Bay, CA; August 27, 2014, Dana Point, CA; September 11, 2014, Chicago, IL; October 30, 2014, New York, NY.

• 2014 NAPFA Fall Conference. October 22, 2014 (Charlotte, NC) • Financial Planning Association. June 20, 2014 (Washington, D.C.)

• National Association of Active Investment Managers (NAAIM) Conference: “Uncommon Knowledge 2014.” May 5-7, 2014 (Ft. Lauderdale, FL)

• National Advisors Trust Annual Conference. May 2, 2014 (Orlando, FL)

• Schwab’s 2014 Compliance Seminars. January 16, 2014, New York, NY; February

18-20, 2014, Richmond/McLean, VA; February 25-27, 2014, Denver, CO/Phoenix, AZ/San Francisco, CA; March 5-6, 2014, Baltimore, MD & Radnor, PA.

• Barron’s Top Independent Advisors Summit. March 2014 (Phoenix, AZ)

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• AICPA Advanced Personal Financial Planning Conference. January 20-22, 2014

(Las Vegas, NV)

• Schwab IMPACT 2013. November 2013 (Washington, D.C.)

• IA Compliance 101 Conference: Luncheon Address. October 18, 2013 (Washington,

D.C.)

• Laserfiche Compliance Roadshow. October 8-10, 2013 (Minneapolis, MN, Boston,

MA & Philadelphia, PA)

• Fidelity- East Coast Conference. October 2-3, 2013 (New Brunswick, NJ) • Junxure Advisor Conference. September 16, 2013 (Dallas, TX)

• National Association of Active Investment Managers (NAAIM) Conference. April

29-May 1, 2013 (Denver, CO)

• Barron’s Top Independent Advisors Summit. March 6, 2013 (Orlando, Fl) • 2013 Fidelity National Conference. February 28, 2013 (New York, NY)

• Schwab’s 2013 Compliance Seminars. January 23-24, Portland, ME; February

12, 2013, Stowe, VT; February 14, 2013, Philadelphia, PA; February 19, 2013, Clarfeld; February 21, 2013, Orlando, FL; March 14, 2013, Boston, MA; March 19, 2013, Tysons Corner; March 20, 2013, Richmond, VA; March 26, 2013, Hartford, CT.

• 2013 TD Ameritrade Institutional National Conference. January 30, 2013 (San

Diego, California)

• 2013 AICPA Advanced Personal Financial Planning Conference. January 21-23, 2013 (Las Vegas, NV)

• Charles Schwab Compliance Conference, January 17, 2013 (New York, NY) • Laserfiche Workshop: Staying Compliant and Competitive in the Post-Dodd-Frank

World. November 28-29, 2012 (New York, NY & Dallas, TX) • Schwab IMPACT 2012. November 15, 2012 (Chicago, IL)

• IN Advisor Solutions 2012 Fall Workshop. October 19, 2012. (Chicago, IL)

• Raymond James Investment Advisor Division - 2012 Wealth Managers Conference.

September 25, 2012. (Naples, FL)

• 2012 Fidelity National Conference. August 22, 2012., Dana Point, CA; October 11,

2012, Dallas, TX

• Schwab’s 2012 Knowledge Forum. April 24, 2012, La Quinta, CA; May 16, 2012,

Carmel Valley Ranch, CA; May 31, 2012, Tysons Corner, VA; August 9, 2012, Indianapolis, IN

• Barron’s Top Independent Advisors Summit. March 23, 2012 (Scottsdale, AZ) • Investment Adviser Association- 2012 Compliance Conference. March 8, 2012

(Arlington, VA)

• TD Ameritrade Institutional 2012 National Conference. February 2, 2012 (Orlando,

FL)

• Charles Schwab Compliance Conference, January 19, 2012 (New York, NY) • AICPA Advanced Personal Financial Planning Conference. January 18, 2012 (Las

Vegas, NV)

• Charles Schwab Compliance Conference. January 10, 2012 (Baltimore, MD) • FPA-NY Best Practices Forum 2011. December 14, 2011 (New York, NY)

• Laserfiche Conferences 2011. November 14-15, 2011 (San Francisco, CA &

Chicago, IL)

• Schwab IMPACT 2011. November 2, 2011 (San Francisco, CA)

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• Capital Analysts: Wealth Management Forum. October 17, 2011 (Cincinnati, OH) • 2011 Avenue Advisors Wealth Management Forum. October 13, 2011 (Chicago,

IL)

• 2011 DWS Investments RIA Summit. September 22, 2011 (Chicago, IL)

• FOX Regulatory Workshop: Preparing for the New Era of Family Office Regulation.

September 7-8, 2011 (New York, NY)

• Investment News: 2011 Going Independent Workshops. June 21, 2011

(Philadelphia, PA); June 16, 2011 (San Francisco, CA); June 14, 2011 (Dallas, TX)

• 2011 Financial Planning Association Retreat. May 5, 2011 (Bonita Springs, FL) • NAAIM: Uncommon Knowledge Conference 2011. May 2, 2011(San Diego, CA) • The Barron’s Winner’s Circle Independent Advisors Summit – Keynote Speaker.

March 23-25, 2011 (Orlando, FL)

• FPA Major Firm¹s Regional Summit. March 16, 2011 (New York, NY) • FPA Business Solutions 2011 Conference. March 3-5, 2011 (Cambridge, MA) • Realty Capital Securities 2011 Conference. February 16, 2011 (Orlando, FL) • TD Ameritrade 2011 National Conference. February 2-4, 2011 (San Diego, CA) • FPA Regional Conference 2011. January 28, 2011 (Washington, DC)

• Schwab Regional Conference 2011. January 25, 2011 (Philadelphia, PA)

• Schwab - A Compliance Update: The effect of Regulatory Changes for Investment Advisors. January 20, 2011 (New York, NY)

• Schwab IMPACT 2010. October 28, 2010 (Boston, MA)

• Raymond James – Wealth Management Conference. October 27, 2010 (Tampa,

FL)

• NAPFA - PM&I Conference. September 22-24, 2010 (San Diego, CA)

• TD Ameritrade Regional Conference. September 20, 2010 (San Francisco, CA) • Fidelity Institutional Wealth Services – IPS Webinar. July 22, 2010

• Schwab - Economic and Legal Considerations for Recruiting New Advisors. July 21,

2010 (Philadelphia, PA)

• Schwab –Surviving Regulatory Scrutiny in the Post-Madoff Era. July 14, 2010

(Chicago and Milwaukee)

• InvestmentNews - What You Need to Know About Going Independent. June 14-16,

2010 (Los Angles and Chicago)

• Pershing – INSITE 2010 National Conference. June 10, 2010 (New York, NY) • Barron’s Winner’s Circle – Top Independent Advisors Summit. April 14-16, 2010

(Orlando, FL)

• TD AMERITRADE Institutional – 2010 National Conference. February 4, 2010

(Orlando, FL)

• Schwab Impact 2009. September 15, 2009 (San Diego, CA)

• Capital Analysts Incorporated – Wealth Management Forum. September 10, 2009

(Phoenix, AZ)

• NAPFA National Conference. June 3, 2009 (National Harbor, MD) • Barron’s Top Independent Advisors Summit. May 6-8, 2009 (Phoenix, AZ) • NAAIM - Uncommon Knowledge 2009 Conference. May 5, 2009 (Denver, CO) • TD AMERITRADE Institutional – Partnership 2009 National conference. February 4,

2009 (Las Vegas, NV)

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• Investment Advisor Summit. December 2, 2008 (Washington, DC) • Schwab – IMPACT 2008. October 25, 2008 (Atlanta, GA)

• Raymond James - 2008 Investment Managers’ Inaugural Conference. October 21,

2008 (St. Petersburg, FL)

• FPA – Advisor Myths. September 24, 2008 (Phoenix, AZ)

• Capital Analysts Incorporated Succession Planning Conference. September 17,

2008 (Cincinnati, OH)

• TD AMERITRADE Institutional 2008 Fall Regional Conference. September 15, 2008

(Chicago, IL)

• Investment Advisor Compliance Conference. June 23, 2008 (New York, NY) • FPA – Financial Forum 2008. June 16, 2008 (Chicago, IL)

• Fidelity – Inside Track: Is your firm doing what is necessary to avoid critical compliance & business operational errors? June 10, 2008 (San Francisco, CA);

May 22, 2008 (Chicago, IL); June 2-3, 2008 (Dallas, TX); February 26, 2008 (Washington, DC)

• Pershing – INSITE 2008 – What every advisory firm, CCO and principal need to know to protect the firm’s business. June 4, 2008 (Hollywood, FL)

• FPA Nor Cal – Compliance Mock Cross-Examination: How simple oversights become legal time bombs. May 26, 2008 (San Francisco, CA)

• Investment News – The Truth About Going Independent. May 14-16, 2008

(Chicago, IL)

• FPA Symposium – Advisor Myths. May 1, 2008 (Albany, NY)

• Schwab – Transition Planning: How to transform your business through mergers and acquisitions. April 28, 2008 (Austin, TX)

• TD Ameritrade Regional Conference. March 12, 2008 (Maryland) • TD Ameritrade National Conference. February 8, 2008 (Orlando, FL)

• Raymond James Financial Services National Conference. January 14, 2008 (St.

Petersburg, FL)

• Fidelity: Best Practices Conferences 2008. (Washington, DC, Dallas, San Francisco,

Seattle, Boston, and Atlanta)

• Schwab Institutional – IMPACT 2007. October 30, 2007 (Las Vegas)

• Schwab Regional Conferences – 2007. (Cleveland, Cincinnati, Chicago,

Philadelphia, Denver, Phoenix and St. Louis)

• Financial Planning Symposium. October 9, 2007 (Chicago, IL)

• TD Ameritrade: Fall Regional Conference. September 19, 2007 (Dallas, TX)

• Raymond James Financial Services Annual Conference. September 17, 2007

(Nashville, TN)

• Fidelity: Best Practices Conferences – 2007. (Phoenix, Seattle, Houston, Boston,

and Atlanta)

• Financial Planning Association – Practice Management Issues for Investment Advisors. May 30, 2007 (Northern California, San Francisco)

• NAAIM National Conference. May 6-9, 2007 (Orlando, FL) • NAPFA National Conference. May 2-6, 2007 (Chicago, IL)

• NICCP Annual Conference – Compliance Issues Pertaining to College Planners. May

3, 2007 (Las Vegas)

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• InterShow & Financial Advisor Magazine Financial Advisor Symposium – The Applicability of the Pension Protection Act to Investment Advisors. 2007 (Las Vegas) • TD Ameritrade 2007 National Conference – New Compliance Issues Facing

Investment Advisors. February 9, 2007 (San Diego, CA)

• IMCA National Conference – Hedge Fund Regulation. January 30, 2007 (New

York, NY)

• Advisor Summit 2006 – Staying Compliant. November 30 – December 1 (Las

Vegas)

• Charles Schwab Institutional – IMPACT 2006 – Regulation, Liability and Protecting Your Practice. November 7, 2006 (Washington, DC)

• 9th Annual Financial Advisor Symposium - Fiduciary Issues and Liability. September

25 – 27, 2006 (Chicago, IL)

• National Association of Active Investment Managers (NAAIM) – Regulatory Compliance for Active Asset Allocators. May 1 – 3, 2006 (Phoenix, AZ)

• Financial Planning Association (FPA), Northern California Chapter – Protecting Your Practice in an Ever-Increasing Regulatory Minefield. April 3 – 4, 2006 (San

Francisco, CA)

• Financial Planning Association (FPA), Denver Chapter – Protecting Your Practice: How to Avoid Regulatory Enforcement and Client Litigation/Arbitration Proceedings. February 10, 2006 (Denver, CO)

• TD Ameritrade National Conference – How to Protect Your Practice from Regulatory Enforcement Proceedings, Client Litigation and Departing Employees. February 1

– 3, 2006 (Orlando, FL)

• Schwab Institutional New York Metro Regional Conference – Current Regulatory Hot Topics. January 19, 2006 (New York, NY)

• Fortigent Annual Conference – Protecting Your Practice: How to Avoid Regulatory Enforcement and Client Litigation/Arbitration Proceedings. January 12 – 13, 2006

(Las Vegas)

• The Investment Advisor Wealth Advisor Summit - Advisor Compliance Roundtable.

December 2, 2005 (W. Palm Beach, FL)

• Financial Planning Association (FPA) Webinar – Protect Your Practice When Adding New Partners. October 25, 2005

• Charles Schwab Institutional – IMPACT 2005 – Hedge Fund Legal and Regulatory Issues and What They Mean for Your Clients. September 25, 2005 (Seattle, WA) • Financial Planning Association (FPA), DFW Chapter – How to Protect Your

Investment Advisory Practice in the Current Regulatory Environment. July 19, 2005

(Dallas, TX)

• National Association of Active Investment Managers (formerly Society of Asset Allocators and Fund Timers, Inc. SAAFTI) - Advertising Regulations for Investment Managers . February 2005 (St. Louis, MO)

• The National Association of Active Investment Managers – Uncommon Knowledge 2005 – Compliance Hot Spots. April 25, 2005 (Houston, TX)

Recent Authored Articles

• Do You Need to File Form 13F? CompliancE-News, August 2013.

• An Overview of External Transition Planning for the Registered Investment Advisor.

Charles Schwab Institutional Compliance Review, July 2009

• An Overview of Internal Succession Planning for the Registered Investment Advisor.

Charles Schwab Institutional Compliance Review, June 2009

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• So You Think Your Marketing Practices Are Compliant? IMCA The Monitor, May/

June 2007

• Thinking of Leaving your Brokerage Firm And Going Solo? Make Sure You Know Your Rights. TD Ameritrade Institutional Transition News, March 2007

• An Overview of Internal Transition Planning for the Registered Investment Adviser.

Charles Schwab Institutional Compliance Review, October 2005

• An Overview of External Transition Planning for the Registered Investment Adviser.

Charles Schwab Institutional Compliance Review, September 2005

• Establishing an Email Policy as Part of New Required Rule 206(4)-7 Written Policies and Procedures. Merrill Lynch Money Manager Services Newsletter, Second

Quarter 2004

• Contingency Planning And Rule 206(4)-7. Financial Advisor Magazine, October

2004

Select Interviews / Commentary

• Tom Giachetti’s 10 Blunt Compliance Warnings. AdvisorOne.com. November 30,

2012.

• Fund Lawyer: CCOs Must Be More Vigilant. FundIndustryIntelligence.com. March

13, 2012.

• Regulation for Regulation Sake Not the Answer for Advisors. OnWallStreet.com.

February 3, 2011.

• At TD Ameritrade Conference, Differing Views on Implementing Fiduciary Standard.

AdvisorOne.com. February 3, 2011.

• SEC’s New Form ADV Requirements: Fidelity Offers Guidance. AdvisorOne.com.

December 2010

• Simple, Not Simplistic. Investment Advisor Magazine. May 2010. • They’re Watching You. Registered Rep. Magazine. June 2007.

• Schwab Up Close and Personal with Confab Attendees. Investment News.

December 11, 2006.

• Practice Management: What to Know Before You Break Away. Dow Jones News

Service. November 2006.

• Advisor Fiduciary Duties: What Can Go Wrong? Financial Advisor Symposium.

September 2006.

• Piling On: How to Cope with a Growing Compliance Burden. Investment Advisor.

March 2006.

• Compliance Deadline Requires More Than Lip Service. Journal of Financial

Planning. April 2006.

• FPA Compliance Workshop: A New Regulatory Climate. TD Waterhouse

Compliance News. August 2005.

• Angst Over Compliance. Financial Planning Magazine. June 2005. • Q&A with Tom Giachetti. NAPFA Advisor. April 2005.