Susan S. Krawczyk

Susan S. Krawczyk: Attorney with Eversheds Sutherland (US) LLP

Biography

Susan Krawczyk helps broker-dealers, investment advisers, insurance organizations and sponsors to design, sell and deliver investment products and programs that perform for investors and that raise capital. The author of compliance manuals that became models for the industry, Susan has extensive experience in day-to-day regulatory, operational and compliance issues across the retail, institutional and retirement segments of the financial markets.

Susan advises clients regularly on distribution and wholesaling arrangements for both public and private offerings, including incentive, non-cash compensation and marketing support arrangements. Susan has particular experience with firms involved in the sale and distribution of investment products and programs in the registered investment adviser context (i.e., the RIA channel) and retirement plan markets. She has a deep familiarity with the distribution of mutual funds, variable products, real estate investment trusts, business development companies and direct participation programs and the use of financial planning tools and asset allocation models for retail investors. She assists clients in establishing marketing arrangements for programs that satisfy regulatory requirements, and with obtaining regulatory approvals for illustrations of historical and hypothetical portfolio performance and track record results.

Awards and Rankings

Recognized by The Legal 500 United States in the area of financial services: regulatory (2015-2017)

Experience

“I like coming up with solutions for clients-finding more effective, more efficient ways for clients to get things done that make business sense. I want clients to see that I know what they do; I understand what they do; and I can help them find a better way to do it.”

Experience

Counseled on underwriting arrangements for non-traded closed-end fund offering.
Counseled several different sponsors in restructuring their marketing and sales operations.
Provided monthly overviews of emerging issues affecting retirement industry.
Convinced FINRA to drop dozens of charges and significantly reduce the sanction in one of FINRA's investigations into sales and marketing practices of non-traded REITs.
Conducted a review of large broker-dealer's internal due diligence program.
Advised major financial services company in sale of its retail broker-dealer operations.
Assisted in the design, regulatory approval and operation of several hundred insurance, investment and stable value products.
Advised REIT fund sponsor on marketing and distribution.
Represented Cetera Financial Group, Inc. in its acquisitions of Genworth Financial Services, Inc., Tower Square Financial/Walnut Street Financial, and Pacific West Securities.
Advised REIT distributor on regulatory compliance matters.
Counseled on investment adviser channel distribution arrangements.
Obtained relief from statutory disqualification.
Advised on regulatory compliance matters for REIT distributor.

News

In the News

NY Best-Interest Regulation for BDs Selling Annuities Is Coming (February 15, 2019)
ThinkAdvisor
Eversheds Sutherland’s recent legal alert, “Broker-dealers selling annuities - preparing for the best interest standard under New York’s amended Insurance Regulation 187,” is featured in this ...

BICE on Ice? Status of the DOL Fiduciary Rule (March 9, 2017)
BenefitsLinks.com
Sutherland’s legal alert, “The Final Rule: BICE on Ice? Status of the DOL Fiduciary Rule,” is featured in an article by BenefitsLinks.com.

FINRA Floats Changes to Communication Rules (March 3, 2017)
Ignites
Eversheds Sutherland (US) Partner Susan Krawczyk is quoted in this Ignites article providing insight on the Financial Industry Regulatory Authority’s (FINRA) consideration to loosen its communication ...

RIAs to Feel the ‘Higher Burden’ of Fiduciary (April 8, 2016)
InsuranceNewsNet
In an article published by InsuranceNewsNet, Sutherland Partner Susan Krawczyk discusses the U.S. Department of Labor’s (DOL) recently published fiduciary rule. The article describes how the new ...

For Broker-Dealers, a Massive Shift in Thinking (April 8, 2016)
InsuranceNewsNet
In an article published by InsuranceNewsNet, Susan Krawczyk discusses how broker-dealers are approaching the new U.S. Department of Labor (DOL) fiduciary rule. The article describes challenges for ...

New Guidelines Governing IUL Illustrations Coming (June 11, 2015)
Employee Benefit News
Sutherland’s legal alert, “NAIC Close to Adopting Guideline for IUL Illustrations,” is featured in Employee Benefits News.

Press Releases

19 Eversheds Sutherland (US) Practice Areas, 58 Attorneys Named Among Nation’s Best in 2017 Legal 500 United States (May 31, 2017)
Eversheds Sutherland (US) LLP is pleased to announce that 19 practice areas and 58 attorneys have been ranked in the 2017 edition of The Legal 500 United States. Legal 500 is a comprehensive survey ...

16 Sutherland Practice Areas, 59 Attorneys Named Among Nation’s Best in 2016 Legal 500 United States (June 16, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that 16 practice areas and 59 attorneys have been ranked in the 2016 edition of The Legal 500 United States. Legal 500 is ...

14 Sutherland Practice Areas, 62 Attorneys Named Among Nation’s Best in 2015 Legal 500 United States (June 4, 2015)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that 14 practice areas and 62 attorneys have been ranked in the 2015 edition of The Legal 500 United States, a ...

Multimedia

Webcast: Planning for a patchwork of best interest standards (November 15, 2018)
As 2018 concludes, regulatory developments governing broker-dealer and adviser standards of conduct continue to advance on a number of fronts. Join Eversheds Sutherland for a webcast discussing steps ...

Publications

I’m proud of the compliance manuals I’ve designed. The design approach has been copied widely in the industry, and is used not only for broker-dealers but also for investment advisers, mutual funds and transfer agents - even insurance companies have adopted it. And every in-house person that has used the manuals has taken the approach with them when they have moved to another firm.

Legal Alerts

Legal Alert: Proposed Regulation BI coverage of retirement investors (March 5, 2019)
There is some debate about the intended scope of proposed Regulation BI (Best Interest) coverage in the case of retirement investors.The SEC explicitly contemplated that the proposal would be ...

Legal Alert: The best interest standard under FINRA’s suitability rule (February 26, 2019)
In connection with the US Securities and Exchange Commission’s proposed Regulation Best Interest, the Financial Industry Regulatory Authority (FINRA) has asserted (with some case law support from the ...

Legal Alert: New York Circular Letter No. 1 (2019) takes aim at accelerated underwriting (February 26, 2019)
On January 18, 2019, the New York Department of Financial Services (NYDFS) issued a circular letter to all insurers authorized to write life insurance in New York State setting out the Department’s ...

Legal Alert: Broker-dealers selling annuities - preparing for the best interest standard under New York’s amended Insurance Regulation 187 (February 14, 2019)
Broker-dealers selling annuity products in New York will soon need to comply with New York's recently amended Insurance Regulation 187 ( Suitability and Best Interests in Life Insurance and Annuity ...

Legal Alert: FINRA’s 529 plan share class initiative (February 7, 2019)
On January 28, 2019, the Financial Industry Regulatory Authority, Inc. (FINRA) launched its 529 Plan Share Class Initiative (the Initiative) to encourage member firms to self-report potential ...

Legal Alert: The SEC’s litigation against a firm for allegedly inadequate disclosure of shareholder service fees and 12b-1 fees (January 28, 2019)
During the past several years, the US Securities and Exchange Commission (SEC) has settled more than a dozen cases where the SEC alleged (with the firms neither admitting nor denying the charges) ...

Legal Alert: The far reach of state law - Nevada proposes fiduciary duty regulations for broker-dealers and investment advisers (January 28, 2019)
Under Nevada law, financial planners owe a fiduciary duty to their clients.1 In accordance with this duty, a financial planner must disclose, at the time advice is given, any gain the financial ...

Legal Alert: The other shoe has dropped - The SEC follows up with firms that didn’t self-report under the share class initiative (December 12, 2018)
The Share Class InitiativeOn February 12, 2018, the Division of Enforcement of the US Securities and Exchange Commission (SEC) announced the Share Class Selection Disclosure Initiative ...

Legal Alert: SEC proposes new variable contract disclosure regime (November 6, 2018)
The US Securities and Exchange Commission (SEC or Commission) recently proposed a new disclosure framework for SEC-registered variable annuity contracts and variable life insurance policies ...

Legal Alert: Standards of conduct for investment professionals - overlapping protections for broker-dealer retirement customers (October 15, 2018)
The legal standards for broker-dealer firms (BDs) and their representatives, particularly in the retirement market, continue to be in flux. BDs were among those most affected by the promulgation in ...

Articles

DOL Fiduciary Regulation-Where are We Now? (September 2017)
NewsDirect - a publication by the Society of Actuaries
In July 2017, the Department of Labor (DOL) published a request for information (RFI), opening another set of comment periods, to assist it in the examination directed by the President of the DOL’s ...

An Emerging Patchwork Of Cybersecurity Rules (August 29, 2017)
Law360
With the recent adoption of cybersecurity regulations governing broker-dealers and investment advisers registered in Colorado and Vermont, the landscape of cybersecurity regulation continues to ...

Fiduciary Rule Comments: Some Conflict, Lots of Interest (May 23, 2017)
Law360
During the second and final comment period for the US Department of Labor’s fiduciary rule, more than 130 letters were filed by firms, trade groups, coalitions, think tanks and other thought leaders, ...

CAB Rules Won't Get Private Funds To Their Destination (August 31, 2016)
Law360
On August 18, 2016, the U.S. Securities and Exchange Commission approved a Financial Industry Regulatory Authority rule change that establishes a separate rule set for broker-dealers that meet the ...

The Final Rule: DOL’s Expanded Definition of Investment Advice Fiduciary Under ERISA and Revised Complex of Exemptions (April 12, 2016)
Just less than a year since its proposal, and just more than six months after receiving thousands of pages of commentary, petitions and hearing testimony, the Department of Labor finalized its ...

DOL Proposes New Rules Expanding Fiduciary Status for Advisers to Retirement Plans and IRA Accounts (March 2016)
TerraLex Connections
In her article for TerraLex Connections, Sutherland Partner Susan Krawczyk looks at the recent Department of Labor proposal to extend fiduciary status under ERISA to wider array of persons, including ...

DOL Proposes New Rules Expanding Fiduciary Status for Advisers to Retirement Plans and IRA Accounts (Winter 2015)
Partnering Perspectives
In her article for the Winter 2015 edition of Partnering Perspectives, Susan Krawczyk looks at the recent Department of Labor proposal to extend fiduciary status under ERISA to wider array of ...

The Proposed Best Interest Contract Exemption: Part 3 (July 28, 2015)
Law360
The U.S. Department of Labor’s proposed best interest contract exemption (BIC exemption) for financial institutions and their advisers contains elements that are likely to sound familiar to ...

The Proposed Best Interest Contract Exemption: Part 2 (July 27, 2015)
Law360
The U.S. Department of Labor’s proposed best interest contract exemption (BIC exemption) for financial institutions and their advisers contains elements that are likely to sound familiar to ...

The Proposed Best Interest Contract Exemption: Part 1 (July 24, 2015)
Law360
The U.S. Department of Labor’s proposed best interest contract exemption (BIC exemption) for financial institutions and their advisers contains elements that are likely to sound familiar to ...

Newsletters

Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Winter 2015)
Partnering Perspectives
Sutherland is pleased to present the latest edition of Partnering Perspectives, which provides insight into a number of legal developments and preventive measures that may benefit legal practices and ...

Books

Broker-Dealer Regulation-Chapter 8: Customer Accounts
Practising Law Institute (updated annually)

Broker-Dealer Regulation-Chapter 9: Compensation
Practising Law Institute (updated annually)

Investment Adviser Regulation - Chapter 31: Financial Planning Under the Advisers Act
Practising Law Institute (updated annually)

Regulation and Distribution of Variable Insurance Products-Chapter 11: FINRA Regulation of Product Distribution

Presentations

Our clients face big challenges. We’re helping them find ways to redesign their investment products so that they work in different markets. We’re helping them to adapt their sales and marketing processes to a changing method of delivery. And we’re helping them stay ahead of regulatory changes.

Presentations

Webcast: Regulation 187 - Suitability and Best Interests in Life Insurance and Annuity Transactions (February 28, 2019)
LICONY
Eversheds Sutherland Partners Susan Krawczyk and Cynthia Shoss and Senior Policy Adviser/Insurance Maureen Adolf present on the LICONY webcast, “Regulation 187 - Suitability and Best Interests in ...

Looking Ahead to Best Interest Standards for Life and Annuity Sales - Part 2: Best Interest Standards on the Horizon (February 20, 2019)
LIMRA
Eversheds Sutherland Partners Susan Krawczyk and Cynthia Shoss present on the LIMRA webcast Looking Ahead to Best Interest Standards for Life and Annuity Sales - Part 2 on February 20, 2019. This ...

Making the Shift from the Department of Labor’s Fiduciary Rule to SEC Regulation Best Interest (January 29, 2019)
FSI OneVoice Conference
Eversheds Sutherland (US) Partner Susan Krawczyk presents on the Making the Shift from the Department of Labor’s Fiduciary Rule to SEC Regulation Best Interest panel at the FSI OneVoice conference ...

Looking Ahead to Best Interest Standards for Life and Annuity Sales - Part 1: New York’s Insurance Regulation 187 (January 15, 2019)
LIMRA
Eversheds Sutherland (US) Partners Susan Krawczyk and Cynthia Shoss present on the LIMRA webcast Looking Ahead to Best Interest Standards for Life and Annuity Sales - Part 1 on January 15, 2019. ...

Webcast: Planning for a patchwork of best interest standards (November 15, 2018)
As 2018 concludes, regulatory developments governing broker-dealer and adviser standards of conduct continue to advance on a number of fronts. Join Eversheds Sutherland for a webcast discussing steps ...

Fundamentals of Broker-Dealer Regulation 2018 (July 23, 2018)
Practising Law Institute
Eversheds Sutherland (US) Partners Clifford E. Kirsch and Susan S. Krawczyk present during the Practising Law Institute (PLI) seminar Fundamentals of Broker-Dealer Regulation 2018 on July 23, 2018, ...

RegEd Webcast: The SEC’s Proposed Standard of Conduct Rules and Forms for Broker-Dealers and Investment Advisers (June 7, 2018)
RegEd
Eversheds Sutherland (US) Partners Susan Krawczyk, Brian Rubin and Holly Smith present The SEC’s Proposed Standard of Conduct Rules and Forms for Broker-Dealers and Investment Advisers, a webcast ...

Roundtable discussion: The SEC’s proposed fiduciary duty and standards of conduct for broker-dealers and investment advisers (May 16, 2018)
Eversheds Sutherland hosts a roundtable on “The SEC’s Proposed Fiduciary Duty and Standards of Conduct for Broker-Dealers and Investment Advisers” on May 16, 2018, in New York, New York. The program ...

The Evolution of FINRA (May 11, 2018)
IRI Action18
Eversheds Sutherland (US) Partner Susan Krawczyk moderates a panel on “The Evolution of FINRA: Looking Back and Looking Ahead” and spoke during the Retirement Plans Forum at the Insured Retirement ...

Fundamentals of Broker-Dealer Regulation 2017 (July 17, 2017)
Practising Law Institute
Eversheds Sutherland (US) Partners Clifford E. Kirsch and Susan S. Krawczyk present during the Practising Law Institute (PLI) seminar Fundamentals of Broker-Dealer Regulation 2017, on July 17, ...

Areas of Practice (9)

  • Financial Services
  • Broker-Dealer
  • Financial Services Litigation
  • Insurance
  • Investment Adviser
  • Mutual Funds
  • Securities Enforcement & Litigation
  • Cybersecurity & Privacy
  • Business Development Companies

Education & Credentials

Contact Information:
202.383.0197  Phone
www.eversheds-sutherland.com
University Attended:
Indiana University of Pennsylvania, B.A.
Law School Attended:
George Washington University National Law Center, J.D., Order of the Coif
Year of First Admission:
1984
Admission:
1984, Virginia; 1988, District of Columbia
Memberships:

Professional Activities
Member, American Bar Association
Member, The Virginia Bar Association
Member, National Society of Compliance Professionals
Member, Association of Life Insurance Counsel

Birth Information:
Warren, New Jersey, June 22, 1956
ISLN:
905741039

Peer Reviews

This lawyer does not have peer reviews.

*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (39)

Documents by this lawyer on Martindale.com

Washington, District of Columbia

Contact Susan S. Krawczyk

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