Stephen P. Wink

  • Partner
  • Estephen.wink@lw.com
  • 885 Third Avenue
  • New York, NY 10022-4834
  • USA
  • T +1.212.906.1229
  •  
 

Profile

Stephen Wink is a partner in the New York office of Latham & Watkins and a member of the firm’s Financial Regulatory Practice. He advises a wide range of market players including investment banks, hedge funds, private equity firms, fintech companies, exchanges, alternative trading platforms, transfer agents, and other financial institutions on matters involving the regulation of markets and broker-dealers, as well as related compliance and enforcement matters.

Mr. Wink is a key member of Latham’s Fintech Industry Group, and is Co-Chair of the firm’s Global Blockchain & Cryptocurrency Task Force. Mr. Wink is ranked in Band 1 by Chambers’ Professional Advisers FinTech, and is recognized by Chambers USA as one of the country’s leading financial services broker-dealer regulation lawyers. He is also recommended by The Legal 500 for Financial Services Regulation and Alternative / Hedge Funds, where he was noted by clients as “excellent.” Recently, Mr. Wink received the Innovation Award from the New York Law Journal, which recognizes “creative and inspiring approaches and forward-thinking firms and individuals,” and previously he was named a Law360 MVP for Fintech.

Mr. Wink has in-depth knowledge and broad experience advising on the overlapping patchwork of regulations covering the financial markets, including the laws and rules under the Securities Exchange Act of 1934 and the rules of the Financial Industry Regulatory Authority (FINRA) and other self-regulatory organizations.

Mr. Wink provides regular commentary on regulatory initiatives and rule-making proposals on behalf of clients and trade associations. He has frequently obtained no-action relief and interpretive guidance on behalf of clients from various regulatory bodies, including the Securities and Exchange Commission and FINRA.

Mr. Wink is the Vice Chair of the ABA’s subcommittee on Trading and Markets and is a former member of various securities industry committees, including the Securities Industry and Financial Markets Association’s Federal Regulation Committee, the New York Stock Exchange’s Compliance Advisory Committee, and was Chair of the Bond Market Association’s Municipal Legal Advisory Committee. Mr. Wink is a regular speaker at securities industry conferences.

Mr. Wink spent nine years in-house as executive managing director and general counsel of First Albany Companies Inc., a full-service investment bank, merchant bank, and investment advisor. He began his career at another leading law firm after serving as a law clerk to Judge George E. MacKinnon of the US Court of Appeals for the D.C. Circuit.

Publications

Thought Leadership

  • DOJ’s Evolving Framework for Cryptocurrency Enforcement  -  October 16, 2020
  • Finders, Keepers: SEC Proposes Safe Harbor Framework for Unregistered Finders -  October 16, 2020
  • SEC Streamlines Rules for Over-the-Counter Equity Securities -  October 06, 2020
  • Crypto-Asset Trading Platforms: Another Regulatory Trip Around the World -  October 05, 2020
  • Settlement of Digital Asset Trading Just Got Easier -  October 02, 2020
  • Banks Can Hold Stablecoin Reserves, OCC States in Crypto-Friendly Letter -  September 25, 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
  • Regulators Gear Up for LIBOR Transition Testing -  July 31, 2020
  • SEC Proposal: Will You Still Be a 13F Filer? -  July 16, 2020
  • FINRA Issues Guidance on Retail Communications in Private Placements -  July 14, 2020
  • SEC Greenlights Investment Fund Delivered in Security Tokens -  July 14, 2020
  • SEC Puts LIBOR Transition Testing in Focus -  June 30, 2020
  • Webcast: Tokenization and Distributed Business Models ― Recent Case Studies and Legal Insights -  June 02, 2020
  • SEC and FINRA Take Action to Address COVID-19 Impacts -  May 01, 2020
  • FSB Launches Consultation on Global Stablecoins  -  April 29, 2020
  • Telegram: Court Halts Grams Delivery -  April 03, 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
  • Taking the Scarlet Out of the Letters I-C-O -  February 13, 2020
  • Digital Asset Regulation: Howey Evolves & The Pursuit of Sufficient Decentralization -  January 28, 2020
  • Digital Asset Regulation: Howey Evolves -  January 21, 2020
  • SEC Approves Amendments to FINRA’s New Issue Rules -  January 21, 2020
  • 2019 Digital Asset Regulatory Look Back (US Edition) -  January 08, 2020
  • The SEC Greenlights a Blockchain Settlement Service for Public Shares -  December 06, 2019
  • Financial Firms Beware: Dangers Lurk in the Cloud -  November 26, 2019
  • The SEC Continues Its Enforcement Streak Against Unregistered Token Offerings -  November 25, 2019
  • Podcast: Macro and Regulatory Developments Impacting Stablecoins  -  November 22, 2019
  • The Yellow Brick Road for Consumer Tokens: The Path to SEC and CFTC Compliance (an Update) -  November 21, 2019
  • SEC Extends Relief From MiFID II Research Unbundling Provisions -  November 15, 2019
  • The Yellow Brick Road for Consumer Tokens: The Path to SEC and CFTC Compliance - An Update -  November 12, 2019
  • FINRA Publishes Its 2019 Report on Examination Findings and Observations -  October 30, 2019
  • The G7 Draws a Line in the Sand for Global Stablecoins -  October 29, 2019
  • The Future Ain’t What It Used to Be: New Tax Guidance Issued for Cryptocurrencies -  October 17, 2019
  • Harbor Finds Calmer FINRA Waters Outside the Custody Storm -  October 02, 2019
  • US FinTech: Regulating the Future -  September 10, 2019
  • What SEC’s Lawsuit Against Kik Teaches Us About Token Presale Agreements -  September 03, 2019
  • Crypto—The Pursuit of Sufficient Decentralization -  August 27, 2019
  • SEC’s Crypto Summer Continues -  August 26, 2019
  • Cryptoasset Trading Platforms: A Regulatory Trip Around the World -  August 19, 2019
  • Crypto-Asset Trading Platforms: A Regulatory Trip around the World -  August 13, 2019
  • Meet Me at the Arcade: SEC Provides No-Action Relief for Ethereum-Based Gaming Token -  July 29, 2019
  • Can Broker-Dealers HODL? SEC and FINRA Say Keep It Noncustodial for Now -  July 19, 2019
  • What Institutional Broker-Dealers Need to Know About Regulation BI -  July 08, 2019
  • Token Presale Agreements and the ConsenSys Automated Convertible Note -  May 22, 2019
  • US Digital Asset Bills: Will April Legislation Bring May Flowers?  -  April 22, 2019
  • New SEC Token Guidance: This Is Howey Do It -  April 10, 2019
  • Of Robos and Regulators: The US Regulatory Landscape for Digital Advice -  March 28, 2019
  • FINRA Launches New Self-Reporting Initiative for 529 Savings Plan Violations -  March 01, 2019
  • SEC Ends 2018 Signaling Its Approach to Regulating the Cryptocurrency Markets -  February 22, 2019
  • SEC Ends 2018 Signaling Its Approach to Regulating the Cryptocurrency Markets -  January 15, 2019
  • A Path for Consumer Tokens - the SEC and CFTC Analysis -  November 29, 2018
  • SEC Charges “ICO Superstore” as Unregistered Broker-Dealer -  October 19, 2018
  • The Principles Guiding FINRA Enforcement  -  September 26, 2018
  • The Yellow Brick Road for Consumer Tokens: The Path to SEC and CFTC Compliance -  September 18, 2018
  • Crypto Utopia -  July 17, 2018
  • A Path Forward for Consumer Tokens? -  June 27, 2018
  • Is the SEC’s Proposed “Best Interest” Standard for Broker-Dealers in Anyone’s Best Interest? -  May 16, 2018
  • Global Developments on Best Execution -  May 03, 2018
  • Are Your Employees Trading Bitcoin? Addressing Cryptocurrencies in Compliance Policies -  April 13, 2018
  • BaFin Publishes Statement on ICO and Token Regulation -  February 27, 2018
  • SEC Takes Enforcement Action against Utility Token ICO -  December 20, 2017
  • MiFID II Research Unbundling — Crisis Averted? -  November 16, 2017
  • MiFID II Research – Relief at Last? -  October 26, 2017
  • What Do the SEC’s Recent Bitcoin Disapproval Orders Really Mean for Investors? -  August 01, 2017
  • SEC: Certain Initial Coin Offerings Are Securities Offerings -  July 27, 2017
  • What Do the SEC's Recent Bitcoin Disapproval Orders Really Mean for Investors? -  May 03, 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
  • What Do the SEC’s Recent Bitcoin Disapproval Orders Really Mean for Investors? -  April 12, 2017
  • FINRA Proposes New Registration and Examination Rules -  April 03, 2017
  • FINRA Proposal to Allow Broker-Dealers to Distribute Predictive Illustrations -  March 28, 2017
  • Crowdfunding Under the SEC's New Rules -  December 21, 2016
  • SEC Approves FINRA Pay-to-Play Rules -  September 15, 2016
  • SEC Approves FINRA’s Capital Acquisition Broker Rules -  August 29, 2016
  • SEC Approves New Municipal Advisor Fiduciary Duty Rule -  August 24, 2016
  • Cryptocurrency: A Primer -  August 24, 2016
  • SEC Charges Adviser for Failing to Monitor Consultants -  July 05, 2016
  • SEC Announces Customer Protection Rule Initiative -  June 28, 2016
  • The Cold Comfort of the Best Interest Contract Exemption -  June 23, 2016
  • SEC Fines Private Equity Adviser for Failing to Register as a Broker-Dealer -  June 23, 2016
  • SEC Publishes Consolidated Audit Trail Plan  -  May 9, 2016
  • US Department of Labor’s Fiduciary Rule Introduces a Brave New World -  May 04, 2016
  • Revised Rules on Dodd-Frank Incentive Compensation Requirements for Financial Institutions Proposed -  May 04, 2016
  • FIA L&C Division Webinar: The Other Side of the Coin: Bitcoin, Blockchain, Regulation and Enforcement -  March 24, 2016
  • Cryptocurrency: A Primer -  March 09, 2016
  • CFPB Enforcement Update -  February 04, 2016
  • SEC Approves New Municipal Advisor Fiduciary Duty Rule -  January 19, 2016
  • Enforcement Trends in Cryptocurrency -  December 28, 2015
  • Enforcement Trends in Cryptocurrency -  December 09, 2015
  • SEC Proposes Enhanced Transparency and Oversight of Certain Alternative Trading Systems  -  November 30, 2015
  • SEC Adopts Final Crowdfunding Rules -  November 10, 2015
  • Cryptocurrencies Are Commodities: CFTC’s First Bitcoin Enforcement Action  -  September 20, 2015
  • FINRA’s New Research Rules  -  August 27, 2015
  • The Bankruptcy of the Securities Market Paradigm: Rethinking the Efficient Market Hypothesis -  August 20, 2015
  • SEC Announces Compliance Date for Pay-to-Play Rule -  July 06, 2015
  • SEC Adopts Regulation A+ Rules -  April 07, 2015
  • Private Equity Fund Managers: Annual Compliance Reminders and New Developments -  February 26, 2015
  • Virtual Currencies: New York State Department of Financial Services Discusses Proposed Regulations -  October 22, 2014
  • GMAC/CFTC Hosts Open Meeting Regarding Bitcoin and Digital Currency -  October 21, 2014
  • SEC Proposed Rules: Recordkeeping and Reporting for SBSDs, MSBSPs and BDs; Capital Rules for Certain SBSDs  -  June 05, 2014
  • 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
  • FINRA’s Proposed Limited Broker Regime Falls Short of Private Fund Needs -  March 19, 2014
  • A More Practical Approach to Broker-Dealer Registration  -  February 18, 2014
  • The Final Municipal Advisor Rule: Navigating the Minefield -  November 22, 2013
  • Recent SEC Enforcement Actions Put Spotlight On Prohibited Short Selling -  October 04, 2013
  • CFTC Issues its Last Word on the Cross-Border Application of Derivatives Regulations (For Now) -  July 25, 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
  • CFTC Issues Further Guidance for Cross-border Swaps -  January 18, 2013
  • Update: Pan-European Short Selling Regulation -  October 15, 2012
  • FINRA Announces New Notice Filing Obligations for Certain Private Placements -  October 02, 2012
  • Pan-European Short Selling Regulations -  September 20, 2012
  • SEC Issues Risk Alert Regarding “Pay-to-Play” Rules -  September 20, 2012
  • CFTC Issues Proposed Interpretation of US Swaps Regulations -  July 07, 2012
  • FINRA’s Revised Debt Research Conflicts of Interest Proposal -  March 27, 2012
  • SEC Fines BES: A Cautionary Tale for Non-US Broker-Dealers -  December 20, 2011
  • The Limits of Control: Private Funds and the Large Trader Rule -  November 22, 2011
  • Federal Agencies Propose Rules on Dodd-Frank Incentive Compensation Requirements for Financial Institutions -  April 20, 2011
  • FINRA Proposes New Filing and Disclosure Obligations for Private Placements -  March 8, 2011
  • The Municipal Advisor Minefield -  February 8, 2011
Bar Qualification
  • New York
Education
  • JD, University of Notre Dame Law School, 1991
    magna cum laude; Editor-in-Chief: Notre Dame Law Review
  • BS, State University of New York, Empire State College, 1983
Industries
  • Financial Institutions
Practices
  • Capital Markets
  • Emerging Companies
  • Mergers & Acquisitions
  • Financial Regulatory
  • Investment Funds