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.” 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.
- Co-Author, “US FinTech: Regulating the Future,” International Financial Law Review, August/September 2019
- Co-Author, “What SEC’s Lawsuit Against Kik Teaches Us About Token Presale Agreements,” Bloomberg Law, August 2019
- Co-Author, “Crypto—The Pursuit of Sufficient Decentralization,” Bloomberg Law, August 2019
- Co-Author, “Crypto-Asset Trading Platforms: A Regulatory Trip around the World,” Global Legal Insights' Fintech 2019
- Co-Author, “SEC Ends 2018 Signaling Its Approach to Regulating the Cryptocurrency Markets,” Insights: The Corporate & Securities Law Advisor, February 2019
- Co-Author, “A Path for Consumer Tokens—the SEC and CFTC Analysis,” Compliance Monitor, 2018
- Co-Author, “The Principles Guiding FINRA Enforcement,” Law360, 2018
- Co-Author, “The Yellow Brick Road for Consumer Tokens: The Path to SEC and CFTC Compliance,” Global Legal Insights’ Blockchain & Cryptocurrency Regulation 2019, First Edition, 2018
- Co-Author, “Crypto Utopia,” Autonomous Research, 2018
- Co-Author, “Are Your Employees Trading Bitcoin? Addressing Cryptocurrencies in Compliance Policies,” Bloomberg Law, 2018
- Co-Author, “MiFID II Research Unbundling — Crisis Averted?” Law360, 2017
- Co-Author, “What Do the SEC’s Recent Bitcoin Disapproval Orders Really Mean for Investors?” The Computer & Internet Lawyer, 2017
- Co-Author, "Crowdfunding Under the SEC's New Rules," The Review of Securities & Commodities Regulation, 2016
- Co-Author, "SEC Approves New Municipal Advisor Fiduciary Duty Rule," Journal of Investment Compliance, 2016
- Co-Author, "Broker-Dealer Regulation: New Developments and Continuing Practical Concerns Regarding Registration Requirements for Business Brokers, 'Finders,' and Other Financial Intermediaries," Practical Compliance & Risk Management for the Securities Industry, May-June 2014
- Co-Author, "Dually Registered Brokers and Advisers," The Review of Securities & Commodities Regulation, September 2013
- Co-Author, "SEC Presence Exams - Field Observations," PREA Quarterly, September 2013
- Co-Author, "Risk Mitigation Practices for Derivatives Transactions,” Inside Counsel, May 2, 2012
- Co-Author, "7 Risk Mitigation Practices for Using Prime Brokers," Inside Counsel, April 18, 2012