Ernest Badway is co-chair of the firm’s Securities Industry Practice and advises clients on a broad range of business matters, including securities, commodities, intellectual property, employment, corporate governance, partnership and shareholder disputes, minority shareholder oppression, contracts and litigation. He also counsels clients on the creation of cryptocurrency exchanges, alternative trading systems, broker-dealers, investment advisers, commodity trading advisers, futures commission merchants, introducing brokers, hedge and private equity funds, and commodity pool operators as well as compliance and regulatory matters relating to their operations.
Ernest also assist clients in using ICOs and SAFTs to fundraise, as well as those clients who invest in digital currency and operate digital currency funds. As part of his practice, he also assists financial services firms to obtain BitLicenses, comply with OCIE examinations targeting digital currency investment, and ensure compliance with FinCEN, FINRA and Bank Secrecy Act regulations, including, among other things, Know Your Customer (KYC). Anti-Money Laundering (AML) and data privacy requirements. Similarly, Ernest aids financial services firms with cybersecurity demands, and advises on various regulatory compliance matters, including the comprehensive New York Department of Financial Services Cybersecurity Requirements for Financial Services Companies, and mandates regarding risk assessment, personnel, policy, breach notification and third-party service providers, as well as SEC, CFTC, and FINRA requirements relating to cybersecurity requirements.
Ernest is also the former co-chair of the firm’s White-Collar Criminal Defense & Regulatory Compliance Practice and has extensive experience in representing individual and corporate clients in internal investigations.