A federal appeals court has vacated a lower court ruling that demanded broker-dealer Commonwealth Financial Network pay roughly $93m in summary judgement and disgorgement to the Securities and Exchange Commission (SEC) over alleged disclosure failures.
The appeals court ruling is the latest twist in a five-year legal battle between Commonwealth and the regulator that has played out in a Massachusetts federal court.
The SEC in 2019 sued Commonwealth, which now has about $285bn in advisory and brokerage assets, saying the firm did not disclose to clients that it had a revenue sharing agreement with Fidelity-affiliated clearing broker National Financial Services (NFS).
Regulators said the agreement incentivized Commonwealth to put client assets into mutual funds that had no transaction fees or higher-fee share classes, from which it earned more money. When the SEC filed suit, it said that Commonwealth brought in more than $100m in improper revenue sharing between 2014 and 2018, and that Commonwealth...