Dana G. Fleischman

  • Partner
  • Edana.fleischman@lw.com
  • 885 Third Avenue
  • New York, NY 10022-4834
  • USA
  • T +1.212.906.1220
  •  
 

Profile

Dana Fleischman is a partner in the New York office of Latham & Watkins. Ms. Fleischman is a member of the Corporate Department and the Capital Markets and Financial Regulatory Practices, as well as a member of the firm’s Financial Institutions Group. Ms. Fleischman advises clients on matters involving the regulation of broker-dealers and securities markets. Her clients consist of global investment banking firms, leading financial trade associations, electronic trading platforms, investment advisers, exchanges, clearing organizations, and US and non-US banks and bank holding companies.

Ms. Fleischman advises clients on a wide range of corporate and regulatory compliance matters, including in connection with mergers and acquisitions and cross-border transactions. She also has extensive experience representing US and non-US corporate and investment banking clients in public offerings and private placements, and she assists clients in connection with internal investigations and enforcement matters.

Ms. Fleischman counsels securities firms and trade associations with respect to, and has been actively involved in commenting on, significant regulatory initiatives and rule-making proposals and has been instrumental in obtaining no-action relief, exemptive orders, and interpretive guidance from various regulatory bodies and self-regulatory organizations (including the Securities and Exchange Commission, the Financial Industry Regulatory Authority (FINRA), and the New York Stock Exchange) on behalf of both US and non-US based clients.

Ms. Fleischman is a member of the American Bar Association’s (ABA) Federal Securities Regulation Committee, Chair of the ABA's FINRA Subcommittee, former Chair of the ABA’s Trading and Markets Subcommittee, and a member of the Securities Industry and Financial Markets Association Compliance and Legal Division. Ms. Fleischman is a frequent speaker at industry conferences and writes on various aspects of securities law and broker-dealer regulatory matters.

Accolades
  • Ranked Band 1
    Chambers USA
  • Named to the Notable Women in Law List
    Crain’s New York Business 2020
  • Recipient of Euromoney’s prestigious Americas Women in Business Law Award 2020 as the Financial Regulation Attorney of the Year, an award for which she is also a past recipient
  • “Renowned for her work advising clients in the broker-dealer and securities areas" 
    "Depth of knowledge, understanding, and history are phenomenal and hard to replicate"
    “A very experienced attorney who gives great advice and knows so much about global settlements and FINRA rules - she's seen everything”
    "The recognized expert across all firms when it comes to research matters"
    "A leading figure whose years of experience and breadth of knowledge see her handle an impressive spread of regulatory matters"
    Chambers USA

Thought Leadership

  • Finders, Keepers: SEC Proposes Safe Harbor Framework for Unregistered Finders -  October 16, 2020
  • FINRA Issues Guidance on Implementation of Rule 5110 Amendments Relating to Public Offerings -  September 15, 2020
  • SEC Expands the Definitions of AI and QIB -  August 28, 2020
  • SEC Issues Alert on Compliance Risks Related to COVID-19 -  August 17, 2020
  • FINRA Issues Guidance on Retail Communications in Private Placements -  July 14, 2020
  • SEC and FINRA Take Action to Address COVID-19 Impacts -  May 01, 2020
  • FINRA Issues Guidance and Sets Implementation Dates for Corporate Financing Rule Amendments  -  March 31, 2020
  • FINRA Issues Guidance and Relief in Relation to COVID-19 -  March 17, 2020
  • Alternative Data: Regulatory and Ethical Issues for Financial Services Firms to Consider -  March 04, 2020
  • SEC Approves Amendments to FINRA’s New Issue Rules -  January 21, 2020
  • SEC Extends Relief From MiFID II Research Unbundling Provisions -  November 15, 2019
  • FINRA Publishes Its 2019 Report on Examination Findings and Observations -  October 30, 2019
  • What Institutional Broker-Dealers Need to Know About Regulation BI -  July 08, 2019
  • Spotify Case Study: Structuring and Executing a Direct Listing -  June 21, 2018
  • Is the SEC’s Proposed “Best Interest” Standard for Broker-Dealers in Anyone’s Best Interest? -  May 16, 2018
  • MiFID II Research Unbundling — Crisis Averted? -  November 16, 2017
  • MiFID II Research – Relief at Last? -  October 26, 2017
  • With Proposed Amendments to Rule 5110, FINRA Looks to Modernize Corporate Finance Regulation -  May 01, 2017
  • FINRA Proposes Desk Commentary Safe Harbor -  April 27, 2017
  • FINRA Proposal to Allow Broker-Dealers to Distribute Predictive Illustrations -  March 28, 2017
  • SEC Approves FINRA’s Capital Acquisition Broker Rules -  August 29, 2016
  • SEC Announces Customer Protection Rule Initiative -  June 28, 2016
  • FINRA’s New Research Rules  -  August 27, 2015
  • Broker-Dealer Regulation: New Developments and Continuing Practical Concerns Regarding Registration Requirements for Business Brokers, “Finders,” and Other Financial Intermediaries -  June 01, 2014
  • SEC Approves Significant Amendments to FINRA Rules 5110 and 5121 -  May 22, 2014
  • The JOBS Act, Two Years Later -  April 04, 2014
  • FINRA’s Proposed Limited Broker Regime Falls Short of Private Fund Needs -  March 19, 2014
  • The Good, the Bad and the Offer: Law, Lore and FAQs -  March 06, 2014
  • A More Practical Approach to Broker-Dealer Registration  -  February 18, 2014
  • “You Talkin’ to Me?” -  July 25, 2013
  • What’s the Deal with Regulation M? -  May 30, 2013
  • New SEC Caution to Private Funds Using "Finders" -  April 24, 2013
  • Guidance on Rule 15a-6 Registration Exemption for Foreign Broker-Dealers -  April 08, 2013
  • The JOBS Act, Part Deux: Frequently Asked Questions About Title II of the JOBS Act -  December 13, 2012
  • FINRA Announces New Notice Filing Obligations for Certain Private Placements -  October 02, 2012
  • The JOBS Act After Two Weeks: The 50 Most Frequently Asked Questions -  April 23, 2012
  • CFTC Adopts Final Rule Imposing Several Internal Compliance Obligations on Swap Dealers and Major Swap Participants and Re-Proposes Rule Regarding Block Sizes -  April 05, 2012
  • FINRA’s Revised Debt Research Conflicts of Interest Proposal -  March 27, 2012
  • The Bought Deal Bible -  March 15, 2012
  • SEC Fines BES: A Cautionary Tale for Non-US Broker-Dealers -  December 20, 2011
  • FINRA Proposes New Filing and Disclosure Obligations for Private Placements -  March 8, 2011
  • New FINRA Rule 5141 to Replace Current “Papilsky Rules” Relating to the Sale of Securities in Fixed Price Offerings -  August 4, 2010
“A preeminent lawyer”
“Displays in-depth mastery of the broker-dealer regulations as they apply to complex products”Chambers USA 2020
Bar Qualification
  • New York
Education
  • JD, Yale Law School, 1989
  • BA, Emory University, 1986
    high honors
Industries
  • Financial Institutions
Practices
  • Capital Markets
  • Financial Regulatory