1 00:00:05,800 --> 00:00:11,800 Speaker 1: Walkner Chollion's I'm Joe Webbert and I'm Eric Belchernas. Eric, 2 00:00:11,800 --> 00:00:15,040 Speaker 1: you do some conferences. You recently went to the conference 3 00:00:15,080 --> 00:00:18,959 Speaker 1: on Emerging Trends in Asset Management, and you seem to 4 00:00:18,960 --> 00:00:21,079 Speaker 1: think you walked out of there as a really big deal. 5 00:00:23,400 --> 00:00:25,680 Speaker 2: I walked out of there a lot smarter. A lot 6 00:00:25,680 --> 00:00:27,240 Speaker 2: of times when I do a conference, I want a panel. 7 00:00:27,240 --> 00:00:28,760 Speaker 2: I don't go for the whole thing. Yeah, but this 8 00:00:28,800 --> 00:00:30,600 Speaker 2: one seems special. I got an email from the current 9 00:00:30,600 --> 00:00:33,639 Speaker 2: director of Investment Management. It's their first conference. They had 10 00:00:33,680 --> 00:00:36,600 Speaker 2: seen me do a book presentation about a year ago, 11 00:00:37,000 --> 00:00:38,720 Speaker 2: and they were like, this guy'd be good to give 12 00:00:38,800 --> 00:00:42,640 Speaker 2: some sort of, you know, alternative take on the ETF market. 13 00:00:42,920 --> 00:00:46,080 Speaker 2: There were several people there, a lot of lawyers and 14 00:00:46,120 --> 00:00:47,200 Speaker 2: a lot of people from the SEC. 15 00:00:47,200 --> 00:00:49,680 Speaker 1: Several people like there are like five people there, and 16 00:00:49,800 --> 00:00:51,640 Speaker 1: one of them happened to be Gary Ginsler, the head 17 00:00:51,680 --> 00:00:52,240 Speaker 1: of the SEC. 18 00:00:52,479 --> 00:00:54,120 Speaker 2: Yeah, he spoke. So that's why I went because I 19 00:00:54,160 --> 00:00:55,720 Speaker 2: wanted to see him speaking some of other people. So 20 00:00:55,760 --> 00:00:58,000 Speaker 2: I went and just stayed the whole time, and I 21 00:00:58,080 --> 00:01:00,200 Speaker 2: was at the end, but I soaked up a lot 22 00:01:00,760 --> 00:01:03,520 Speaker 2: and I wanted to sort of somehow get this onto 23 00:01:03,520 --> 00:01:06,319 Speaker 2: the podcast, and I found the way to do that 24 00:01:06,520 --> 00:01:09,120 Speaker 2: because I met Dalia Blass, who used to be the 25 00:01:09,160 --> 00:01:12,080 Speaker 2: head of Investment Management at the SEC, and I got 26 00:01:12,120 --> 00:01:14,600 Speaker 2: to meet her at dinner a little bit more and 27 00:01:14,640 --> 00:01:17,720 Speaker 2: we expanded. I saw her on the panel and some 28 00:01:17,760 --> 00:01:19,480 Speaker 2: of the things she was talking about our stuff we 29 00:01:19,520 --> 00:01:22,199 Speaker 2: write about all the time. So I thought we could 30 00:01:22,200 --> 00:01:24,640 Speaker 2: dive a little bit into what the SEC does some 31 00:01:24,680 --> 00:01:27,000 Speaker 2: of the current topics that were brought up at this event, 32 00:01:28,040 --> 00:01:29,959 Speaker 2: because this is the first one, and you know sc' 33 00:01:29,959 --> 00:01:32,240 Speaker 2: is not usually this open, but they were pretty open. 34 00:01:32,240 --> 00:01:35,360 Speaker 2: They're trying to, i guess, be a little more available 35 00:01:35,400 --> 00:01:37,520 Speaker 2: to people and say exactly what they're doing. And I 36 00:01:37,560 --> 00:01:38,840 Speaker 2: thought it was a good time to check in on 37 00:01:38,880 --> 00:01:42,840 Speaker 2: all this. And she has a very interesting background and 38 00:01:42,880 --> 00:01:45,520 Speaker 2: I had seen, you know, and heard of her obviously 39 00:01:45,600 --> 00:01:47,800 Speaker 2: over the years, but finally got to meet her, and 40 00:01:47,960 --> 00:01:50,600 Speaker 2: believe it or not, she accepted my invitation to join 41 00:01:50,640 --> 00:01:51,200 Speaker 2: the podcast. 42 00:01:52,160 --> 00:01:54,840 Speaker 1: So we're gonna speak with Dalia Blass, who is the 43 00:01:54,880 --> 00:01:58,880 Speaker 1: former SEC Division of Investment Management head. After that, she 44 00:01:58,960 --> 00:02:01,840 Speaker 1: went to Blackrock where she was head of external Affairs, 45 00:02:01,920 --> 00:02:06,400 Speaker 1: and now she's a partner at Sullivan and cremwell this 46 00:02:06,520 --> 00:02:12,000 Speaker 1: time on trillions. Dahlia Bluss, Dahlia, welcome to Trillions. 47 00:02:12,040 --> 00:02:12,880 Speaker 3: Thank you for having me. 48 00:02:13,080 --> 00:02:16,800 Speaker 1: So how was Eric received within this conference that he 49 00:02:16,840 --> 00:02:19,359 Speaker 1: seems to think everybody really cared about what came out 50 00:02:19,360 --> 00:02:23,320 Speaker 1: of his mouth, How was it really, honestly truthfully? 51 00:02:23,600 --> 00:02:27,280 Speaker 4: So, Eric had a really good presentation, aside from the 52 00:02:27,320 --> 00:02:29,560 Speaker 4: fact like a lot of bar charts whatnot. Sorry Eric, 53 00:02:29,600 --> 00:02:33,320 Speaker 4: I wasn't paying attention to those. But he explained some 54 00:02:33,520 --> 00:02:38,960 Speaker 4: really complicated principles around ETFs and ETF investing in a 55 00:02:39,000 --> 00:02:42,720 Speaker 4: way that really resonated, very very plain English, and was 56 00:02:42,760 --> 00:02:45,600 Speaker 4: talking about the trends in the space that you know, 57 00:02:45,680 --> 00:02:48,560 Speaker 4: we're really interesting. I think the most interesting trend you 58 00:02:49,320 --> 00:02:52,200 Speaker 4: talked about, Eric is how much the AUM, the assets 59 00:02:52,200 --> 00:02:56,120 Speaker 4: of the management for ETFs frankly have like doubled at 60 00:02:56,160 --> 00:03:00,640 Speaker 4: least since the ETF fruls. So that made me happy 61 00:03:01,600 --> 00:03:03,640 Speaker 4: to hear it that since you know, I was the 62 00:03:03,639 --> 00:03:07,680 Speaker 4: director when we did the ETF rules. So great, you know, 63 00:03:07,919 --> 00:03:11,920 Speaker 4: great stats and it was just really understandable, which was great. 64 00:03:11,960 --> 00:03:14,040 Speaker 2: And one quick thing on that I found when Gary 65 00:03:14,040 --> 00:03:17,200 Speaker 2: Genser spoke, he was going through several topics. He'd be 66 00:03:17,240 --> 00:03:19,480 Speaker 2: like private equity, we're looking at this. We need to 67 00:03:19,520 --> 00:03:22,040 Speaker 2: be careful about this. Then he'd be like, money market funds, 68 00:03:22,040 --> 00:03:23,960 Speaker 2: we're looking at this, We're gonna be careful this. It 69 00:03:24,000 --> 00:03:26,240 Speaker 2: seems like ETFs got a pretty much a pass. He 70 00:03:26,320 --> 00:03:29,400 Speaker 2: basically said, you know, ETFs, look, they're great. They brought 71 00:03:29,400 --> 00:03:31,800 Speaker 2: diversity and convenience to investors, and he kind of just 72 00:03:31,800 --> 00:03:34,600 Speaker 2: went on, So I'll give you some credit for that. 73 00:03:34,639 --> 00:03:36,840 Speaker 2: I guess the ETF rule maybe cleaned up all the 74 00:03:36,880 --> 00:03:38,960 Speaker 2: things they were looking at, but it didn't seem like 75 00:03:39,000 --> 00:03:40,920 Speaker 2: that was on his radar compared to the other things. 76 00:03:41,240 --> 00:03:43,720 Speaker 4: I think it was a product lineup that was sort 77 00:03:43,720 --> 00:03:45,680 Speaker 4: of like, this is working really well. It worked really 78 00:03:45,680 --> 00:03:47,520 Speaker 4: well in March twenty twenty, thank you so much, let's 79 00:03:47,600 --> 00:03:51,600 Speaker 4: move on to other areas. And it was heartening to 80 00:03:51,640 --> 00:03:53,920 Speaker 4: hear that, quite frankly, because I think you would recall 81 00:03:54,120 --> 00:03:57,920 Speaker 4: for years before twenty twenty, it was always that the 82 00:03:58,080 --> 00:04:00,280 Speaker 4: where's the moment that ETFs will break? Or is the 83 00:04:00,320 --> 00:04:03,840 Speaker 4: moment ETF's That was always the narrative, So it was 84 00:04:04,040 --> 00:04:05,840 Speaker 4: it was really heartening to see that this is a 85 00:04:05,840 --> 00:04:10,280 Speaker 4: product that actually was a pressure valve. In March twenty twenty. 86 00:04:10,200 --> 00:04:13,600 Speaker 2: Yeah, and I think this was the one. March twenty 87 00:04:13,640 --> 00:04:15,600 Speaker 2: twenty is when I think all the doubters, the some 88 00:04:15,760 --> 00:04:18,960 Speaker 2: worry articles kind of were like, okay, they're good because 89 00:04:18,960 --> 00:04:21,200 Speaker 2: you're right. There was especially fixed income ETFs. There was 90 00:04:21,200 --> 00:04:23,440 Speaker 2: all this worry about it. And then when the FED 91 00:04:23,480 --> 00:04:25,520 Speaker 2: stepped in to buy them, I think that really sealed 92 00:04:25,520 --> 00:04:27,200 Speaker 2: the deal. It's like, well, the Fed's going to use them, 93 00:04:27,640 --> 00:04:28,520 Speaker 2: they must be okay. 94 00:04:29,560 --> 00:04:32,880 Speaker 4: Yeah, there was a sense of the ETFs we were 95 00:04:33,000 --> 00:04:34,840 Speaker 4: helping in March twenty twenty. As I said, it was 96 00:04:34,839 --> 00:04:37,680 Speaker 4: like a pressure valve release sort of, you know, mechanic 97 00:04:37,720 --> 00:04:40,719 Speaker 4: if you will, And ETFs played that role really well 98 00:04:41,480 --> 00:04:45,000 Speaker 4: and the government acknowledged that. So it was I agree 99 00:04:45,040 --> 00:04:48,080 Speaker 4: with you in his speech. It was really interesting how 100 00:04:48,160 --> 00:04:51,479 Speaker 4: he dealt with ETFs compared to the other pieces that 101 00:04:51,520 --> 00:04:52,119 Speaker 4: he talked about. 102 00:04:52,160 --> 00:04:55,200 Speaker 1: So you got to the sec September of twenty seventeen 103 00:04:56,160 --> 00:04:58,839 Speaker 1: before times how much how much did you know about 104 00:04:58,839 --> 00:05:00,599 Speaker 1: ETFs when you got there. 105 00:05:01,160 --> 00:05:01,880 Speaker 3: So that was my. 106 00:05:02,080 --> 00:05:04,720 Speaker 4: Third tour of duty because we speak military terms in 107 00:05:04,760 --> 00:05:07,760 Speaker 4: the government, so believe it or not, I was the 108 00:05:07,800 --> 00:05:11,480 Speaker 4: staff attorney that did the original ETF proposal in was 109 00:05:11,520 --> 00:05:14,479 Speaker 4: it seven eight and it took a second try to 110 00:05:14,480 --> 00:05:17,440 Speaker 4: get it to finals. So I've lived ETF, said the 111 00:05:17,440 --> 00:05:20,000 Speaker 4: Commission since a very long time ago. 112 00:05:20,120 --> 00:05:23,800 Speaker 1: Okay, all right, she like tour of duty. I mean 113 00:05:24,040 --> 00:05:26,000 Speaker 1: when you do that, is that is that for real? 114 00:05:26,080 --> 00:05:27,840 Speaker 1: Is it like how we talk about it? 115 00:05:27,839 --> 00:05:30,039 Speaker 4: It is it's your tour of duty in the government, 116 00:05:30,080 --> 00:05:32,440 Speaker 4: even when you're in civilian service. So that was that 117 00:05:32,520 --> 00:05:34,240 Speaker 4: was my third tour in twenty seventeen. 118 00:05:35,640 --> 00:05:37,599 Speaker 2: Yeah, if you got into ETS, I feel like if 119 00:05:37,640 --> 00:05:40,559 Speaker 2: you got into ETS before twenty ten, especially two thousand 120 00:05:40,560 --> 00:05:43,200 Speaker 2: and eight, you're like an og kind of you know, 121 00:05:43,240 --> 00:05:46,520 Speaker 2: you're not oog like you know, Bob Tole and those 122 00:05:46,560 --> 00:05:50,640 Speaker 2: guys and Nate most but second level because the industry 123 00:05:50,680 --> 00:05:52,840 Speaker 2: was only like four hundred billion back then. Again today's 124 00:05:52,839 --> 00:05:53,480 Speaker 2: seven trillion. 125 00:05:54,320 --> 00:05:58,119 Speaker 1: So when you first started to work on ETF stuff 126 00:05:58,120 --> 00:06:00,719 Speaker 1: at the SEC were what were the concerns that you 127 00:06:00,760 --> 00:06:01,880 Speaker 1: were wrestling with then? 128 00:06:02,880 --> 00:06:05,839 Speaker 4: So you know, ETFs, as Eric mentioned, it was a 129 00:06:05,839 --> 00:06:10,120 Speaker 4: growing space, but nothing nothing compared to where it was 130 00:06:10,160 --> 00:06:14,000 Speaker 4: in twenty eighteen when we reproposed. A lot of it 131 00:06:14,080 --> 00:06:18,040 Speaker 4: was still index. Some of the actives were starting the 132 00:06:18,080 --> 00:06:23,480 Speaker 4: conversations around the non transparent, the veiled ETFs but there 133 00:06:23,520 --> 00:06:26,760 Speaker 4: were none on the market at all. The questions there 134 00:06:26,760 --> 00:06:28,599 Speaker 4: were more, and if you look at the old proposal, 135 00:06:29,000 --> 00:06:32,720 Speaker 4: we tried to enshrine the index ETF versus active ETF. 136 00:06:33,360 --> 00:06:36,480 Speaker 4: It was just simplistic, if you will, compared to where 137 00:06:36,520 --> 00:06:39,279 Speaker 4: we ended up after a lot more experience with the 138 00:06:39,320 --> 00:06:40,360 Speaker 4: product in the marketplace. 139 00:06:40,880 --> 00:06:43,240 Speaker 2: Let's go into the nineteen forty Act a little bit. 140 00:06:43,279 --> 00:06:45,719 Speaker 2: This is the main act that governs a lot of 141 00:06:45,720 --> 00:06:49,480 Speaker 2: the fund's world, the nineteen forty Act. ETFs always needed 142 00:06:49,520 --> 00:06:52,680 Speaker 2: an exception to the nineteen forty Act. And I guess 143 00:06:52,680 --> 00:06:54,440 Speaker 2: can you just talk a little bit about how ETFs 144 00:06:54,440 --> 00:06:56,360 Speaker 2: are structured. I think some people don't realize they're actually 145 00:06:56,360 --> 00:06:58,599 Speaker 2: they are mutual funds to a degree, they just have 146 00:06:58,640 --> 00:06:59,600 Speaker 2: this extra exemption. 147 00:07:00,760 --> 00:07:03,520 Speaker 4: They're open ended funds. Right, So the act, if you will, 148 00:07:03,600 --> 00:07:05,880 Speaker 4: has two pieces of the closed ends, the open ends, 149 00:07:05,920 --> 00:07:08,440 Speaker 4: and the open ends. The feature there is it's redeemable, 150 00:07:08,520 --> 00:07:10,920 Speaker 4: like I give you back my share, you give me 151 00:07:10,960 --> 00:07:13,760 Speaker 4: back my money. Right, that redeeable and within a very 152 00:07:13,960 --> 00:07:16,480 Speaker 4: short time period the statute of seven days. 153 00:07:16,240 --> 00:07:17,480 Speaker 3: In reality it's like a day. 154 00:07:18,400 --> 00:07:21,280 Speaker 4: The ETF exemptions, which again when you grow in the 155 00:07:21,320 --> 00:07:23,680 Speaker 4: exemptive application process, and I think that was one of 156 00:07:23,720 --> 00:07:26,360 Speaker 4: the issues when we did the proposal in eight and 157 00:07:26,400 --> 00:07:29,040 Speaker 4: definitely when we did the rule making in twenty eighteen 158 00:07:29,080 --> 00:07:32,560 Speaker 4: that ended up being the final exemptions over time change 159 00:07:32,600 --> 00:07:36,200 Speaker 4: because the market evolves, So the ETF providers that had 160 00:07:36,240 --> 00:07:39,360 Speaker 4: the original orders had vastly different orders than the ETF 161 00:07:39,400 --> 00:07:42,760 Speaker 4: providers that had orders leading up to the final rule. 162 00:07:43,560 --> 00:07:45,440 Speaker 4: So when you step back and you look at that, 163 00:07:45,520 --> 00:07:48,360 Speaker 4: it's not equal marketplace. You know, even though like you know, 164 00:07:48,400 --> 00:07:50,200 Speaker 4: I'm going to go out and buy an ETF, I'm 165 00:07:50,200 --> 00:07:52,960 Speaker 4: buying an ETF that in name looks like any other ETF, 166 00:07:53,000 --> 00:07:55,400 Speaker 4: but in principle could have, you know, vastly different things. So, 167 00:07:55,880 --> 00:07:58,480 Speaker 4: you know, stepping back and just saying, like, what really 168 00:07:58,640 --> 00:08:01,800 Speaker 4: is different about ETF appeared to a mutual fund, and 169 00:08:01,840 --> 00:08:03,360 Speaker 4: what do I need to change? And this is where 170 00:08:03,400 --> 00:08:04,920 Speaker 4: when we looked at it, we're like, ETF is a 171 00:08:04,920 --> 00:08:07,520 Speaker 4: redeeable security. We don't need to give an exemption from that. 172 00:08:07,880 --> 00:08:10,640 Speaker 4: So when you look at the final ETF rule, the 173 00:08:10,760 --> 00:08:14,960 Speaker 4: exemptions actually are a lot fewer, a lot cleaner than 174 00:08:15,000 --> 00:08:18,040 Speaker 4: when you look at any exemptive application that predated that rule. 175 00:08:18,160 --> 00:08:20,880 Speaker 4: And that's the experience you have and that you can 176 00:08:20,920 --> 00:08:23,280 Speaker 4: do when you're looking at a rule making, which you 177 00:08:23,280 --> 00:08:25,320 Speaker 4: can't really do with an exemptive order. It's still like 178 00:08:25,400 --> 00:08:28,000 Speaker 4: kind of bound by a lot of history behind it, 179 00:08:28,040 --> 00:08:29,960 Speaker 4: if you will a little. 180 00:08:29,680 --> 00:08:33,400 Speaker 1: Bit of history. We learned that SEC kind of helped 181 00:08:33,480 --> 00:08:38,199 Speaker 1: create the ETF originally after the Black Monday Report. Do 182 00:08:38,280 --> 00:08:41,000 Speaker 1: people in the SEC appreciate that, A is there any 183 00:08:41,040 --> 00:08:44,559 Speaker 1: internal pride about creating this whole sort of new way 184 00:08:44,600 --> 00:08:45,199 Speaker 1: of investing? 185 00:08:46,240 --> 00:08:49,600 Speaker 4: So if you're talking about the spiders, which took quite 186 00:08:49,640 --> 00:08:51,040 Speaker 4: a few more. 187 00:08:50,960 --> 00:08:52,480 Speaker 1: And a half years, yeah, Yeah. 188 00:08:52,640 --> 00:08:55,760 Speaker 2: The SEC issued this huge telephone book size report that 189 00:08:55,920 --> 00:08:58,960 Speaker 2: was a postmortive on the eighty seven crash, and in 190 00:08:59,000 --> 00:09:01,280 Speaker 2: their talk to little bit about well, if there had 191 00:09:01,280 --> 00:09:04,120 Speaker 2: been a market basking trading instrument that actually had physically 192 00:09:04,120 --> 00:09:07,000 Speaker 2: backed securities instead of using the futures market in Chicago, 193 00:09:07,720 --> 00:09:08,920 Speaker 2: this might have not happened. 194 00:09:09,000 --> 00:09:10,600 Speaker 1: And AMX looked at that and we're like, we can 195 00:09:10,640 --> 00:09:10,920 Speaker 1: do that. 196 00:09:11,400 --> 00:09:15,240 Speaker 4: Yeah, So I mean, so that's it's not you know, 197 00:09:15,640 --> 00:09:18,839 Speaker 4: the SEC has actually played a role in innovation. If 198 00:09:18,840 --> 00:09:22,040 Speaker 4: you look at interval funds by wave example, that was 199 00:09:22,080 --> 00:09:25,120 Speaker 4: created by the Commission, it was also an SEC creation, right, 200 00:09:25,200 --> 00:09:29,000 Speaker 4: So and that's that's a really important point, because that's 201 00:09:29,000 --> 00:09:32,120 Speaker 4: the point sometimes we don't focus on We focus on 202 00:09:32,160 --> 00:09:35,160 Speaker 4: the SEC being in the administrator of like the forty 203 00:09:35,200 --> 00:09:37,440 Speaker 4: Act and the other securities laws. We focus on the 204 00:09:37,480 --> 00:09:40,720 Speaker 4: SEC being the examiner for compliance. We focus on the 205 00:09:40,760 --> 00:09:42,079 Speaker 4: SEC being the enforcer. 206 00:09:42,520 --> 00:09:43,640 Speaker 1: That's the fun part. 207 00:09:45,320 --> 00:09:48,080 Speaker 4: What we don't focus on and perhaps sometimes the SEC 208 00:09:48,160 --> 00:09:50,520 Speaker 4: and I'm you know, I'm guilty of that, having been 209 00:09:50,600 --> 00:09:53,120 Speaker 4: you know, inside the building for fourteen years. We don't 210 00:09:53,120 --> 00:09:57,079 Speaker 4: sometimes focus on on the et the SEC's role in innovation, 211 00:09:57,960 --> 00:10:00,079 Speaker 4: which which is really really important for a market p 212 00:10:00,280 --> 00:10:00,559 Speaker 4: as well. 213 00:10:02,320 --> 00:10:05,400 Speaker 1: So the ETF rule when it came about what was 214 00:10:05,440 --> 00:10:08,000 Speaker 1: different about that on your third tour of duty than 215 00:10:08,040 --> 00:10:09,959 Speaker 1: your previous ones and how did you why did you 216 00:10:10,080 --> 00:10:12,400 Speaker 1: change your mind to get it to where it ended up. 217 00:10:13,360 --> 00:10:16,680 Speaker 4: So you know that as the ETF rule, if you 218 00:10:16,720 --> 00:10:18,480 Speaker 4: look at it compared to the one that was proposed 219 00:10:18,480 --> 00:10:21,560 Speaker 4: in OAIT, you know, significantly different. Like just by way 220 00:10:21,600 --> 00:10:25,120 Speaker 4: of one example, you don't have the index ETF versus 221 00:10:25,160 --> 00:10:25,920 Speaker 4: the active ETF. 222 00:10:26,000 --> 00:10:26,920 Speaker 3: You have the ETF. 223 00:10:27,280 --> 00:10:29,920 Speaker 4: You don't have an idea that the ETF is is 224 00:10:29,920 --> 00:10:33,079 Speaker 4: getting an exemption from being a redeeable security. It's acknowledged 225 00:10:33,080 --> 00:10:35,760 Speaker 4: that it is redeeable security, it's an open end fund. 226 00:10:36,320 --> 00:10:40,320 Speaker 4: So these were all things that came with lessons learned 227 00:10:41,160 --> 00:10:44,400 Speaker 4: the Commission. The staff had had vastly more experienced by 228 00:10:44,440 --> 00:10:47,920 Speaker 4: twenty eighteen compared to ten years earlier, and the product 229 00:10:47,920 --> 00:10:51,800 Speaker 4: had grown by you know, leaps and bounds. So there 230 00:10:51,880 --> 00:10:55,960 Speaker 4: that you know, the thinking had matured, the product had matured, 231 00:10:56,120 --> 00:10:59,800 Speaker 4: and it continues to mature. So it's it's maybe perhaps 232 00:10:59,840 --> 00:11:02,280 Speaker 4: not so good that it took ten years, But at 233 00:11:02,280 --> 00:11:04,560 Speaker 4: the same time, I think the rule ended up where 234 00:11:04,559 --> 00:11:07,280 Speaker 4: it is because of the more information and the more 235 00:11:07,320 --> 00:11:10,200 Speaker 4: experience of staff and the Commission's had with the product. 236 00:11:11,040 --> 00:11:13,600 Speaker 2: So let's switch to a topic that came up at 237 00:11:13,600 --> 00:11:15,760 Speaker 2: the event. This is your panel, and it came up 238 00:11:15,800 --> 00:11:18,320 Speaker 2: a couple times at the event, which was, Okay, you've 239 00:11:18,320 --> 00:11:21,120 Speaker 2: got two companies, Blackrock, Vanguard, you could throw State Street 240 00:11:21,120 --> 00:11:23,600 Speaker 2: in there. We'll call them the big three. They're getting bigger. 241 00:11:24,040 --> 00:11:28,320 Speaker 2: They sort of more the center focus as it become 242 00:11:28,400 --> 00:11:30,440 Speaker 2: like a political football because they own so much of 243 00:11:30,480 --> 00:11:33,280 Speaker 2: these stocks. I think Vanguard owns about eight or nine percent, 244 00:11:33,520 --> 00:11:36,760 Speaker 2: Blackrock owns about seven percent of almost every stock in America, 245 00:11:36,800 --> 00:11:38,920 Speaker 2: and so the question is, like how do we deal 246 00:11:39,000 --> 00:11:40,600 Speaker 2: with this because they're not getting any small They take 247 00:11:40,600 --> 00:11:41,840 Speaker 2: in most of the money, so they're going to keep 248 00:11:41,840 --> 00:11:45,840 Speaker 2: getting bigger. And this was a topic that was talked about, 249 00:11:45,880 --> 00:11:47,760 Speaker 2: and then what was brought up was, well, the market 250 00:11:47,840 --> 00:11:50,120 Speaker 2: is sort of working this out because they're going to 251 00:11:50,120 --> 00:11:54,280 Speaker 2: decentralize voting and let their shareholders have a say. I guess, 252 00:11:54,360 --> 00:11:57,560 Speaker 2: from your vantage point as having worked at Blackrock and 253 00:11:57,640 --> 00:12:00,880 Speaker 2: the SEC, how do you see this playing out over 254 00:12:00,920 --> 00:12:01,920 Speaker 2: the next ten years. 255 00:12:02,960 --> 00:12:05,520 Speaker 4: That's a great question, and you're right. It was a 256 00:12:05,559 --> 00:12:07,640 Speaker 4: topic in the i AM Emerging Trends conference that I 257 00:12:07,679 --> 00:12:10,400 Speaker 4: think almost every single panel touched on, which even panels 258 00:12:10,440 --> 00:12:12,880 Speaker 4: that didn't have that in their title, it seemed to 259 00:12:12,880 --> 00:12:16,080 Speaker 4: be a topic everybody was interested in talking about. I mean, look, 260 00:12:16,120 --> 00:12:20,040 Speaker 4: I mean the bottom line is you're here increasingly both 261 00:12:20,120 --> 00:12:25,479 Speaker 4: policy makers and investors asking for changes in fund voting practices. 262 00:12:26,600 --> 00:12:28,360 Speaker 4: This is not about like a big two or a 263 00:12:28,360 --> 00:12:29,719 Speaker 4: Big three, or a Big four, or a Big five 264 00:12:29,880 --> 00:12:32,440 Speaker 4: or a big six. It's about index funds and how 265 00:12:32,440 --> 00:12:36,760 Speaker 4: they're managing their voting. And you know, some policy makers 266 00:12:36,760 --> 00:12:39,719 Speaker 4: have raised questions about the increasing share of index fund 267 00:12:39,800 --> 00:12:43,680 Speaker 4: voting and how those shares are being cast. And you 268 00:12:43,760 --> 00:12:48,559 Speaker 4: have investors today, institutional investors who want just as they 269 00:12:48,640 --> 00:12:51,760 Speaker 4: choose how their investments are being deployed into the market, 270 00:12:52,280 --> 00:12:54,800 Speaker 4: they also want to say and how their shares are 271 00:12:54,840 --> 00:12:59,000 Speaker 4: being voted in the market. So when you have that 272 00:12:59,160 --> 00:13:02,640 Speaker 4: and not getting into merits or demerits of any around that, 273 00:13:03,120 --> 00:13:05,920 Speaker 4: you look at solutions, because solutions are already starting to come about. 274 00:13:06,920 --> 00:13:10,280 Speaker 4: You have solutions, I think our characterize in three buckets. 275 00:13:10,280 --> 00:13:13,319 Speaker 4: You have sort of restrictive voting solutions which would put 276 00:13:13,360 --> 00:13:15,679 Speaker 4: sort of parameters around what index fund managers would or 277 00:13:15,679 --> 00:13:20,120 Speaker 4: would not do. You have more transparency solutions which are 278 00:13:20,440 --> 00:13:23,800 Speaker 4: very limiting, and then you have market based solutions, which 279 00:13:23,840 --> 00:13:26,000 Speaker 4: I in my opinion at least, I think the market 280 00:13:26,000 --> 00:13:28,960 Speaker 4: based solutions are the ones that have greater promise. And 281 00:13:29,040 --> 00:13:32,000 Speaker 4: if we can sort of allow them to evolve and 282 00:13:32,080 --> 00:13:36,720 Speaker 4: the regulators step in a place of helping the conversations 283 00:13:36,760 --> 00:13:39,840 Speaker 4: and removing any regulatory barriers, I think you can get 284 00:13:39,880 --> 00:13:42,640 Speaker 4: a movement in fund voting that would actually read in 285 00:13:42,679 --> 00:13:44,800 Speaker 4: your to the benefit of all investors. 286 00:13:45,080 --> 00:13:48,360 Speaker 2: And so to be let's talk about the rules currently 287 00:13:48,360 --> 00:13:51,600 Speaker 2: in place. A fund cannot own more than ten percent 288 00:13:51,640 --> 00:13:53,600 Speaker 2: of company. I think that's the rule in the forty Act, 289 00:13:54,040 --> 00:13:55,839 Speaker 2: but it doesn't say anything. But a fun complex is 290 00:13:55,840 --> 00:13:58,240 Speaker 2: the forty Act came out when typically a fund was 291 00:13:58,280 --> 00:14:01,360 Speaker 2: all the complex had. Now now in the past, you 292 00:14:01,400 --> 00:14:05,080 Speaker 2: know whatever, eighty years the fund multiplied and now you 293 00:14:05,120 --> 00:14:08,160 Speaker 2: have they have three four hundred funds. So there's no rule. 294 00:14:08,240 --> 00:14:09,280 Speaker 1: And so therefore. 295 00:14:08,960 --> 00:14:11,520 Speaker 2: Blackrock and Vanguard could really get bigger own more than 296 00:14:11,559 --> 00:14:15,520 Speaker 2: ten percent. But that's okay because it's really thirty to 297 00:14:15,559 --> 00:14:20,480 Speaker 2: fifty million investors, individual investors' money if they decentralize, versus 298 00:14:20,800 --> 00:14:23,120 Speaker 2: people thinking that And this comes up all the time 299 00:14:23,160 --> 00:14:26,120 Speaker 2: on Twitter, like it looks like Blackrock and Vanguard have 300 00:14:26,280 --> 00:14:29,920 Speaker 2: like so much power and it's their money, but it's 301 00:14:29,960 --> 00:14:33,040 Speaker 2: really a bunch of it's millions of individual investors. 302 00:14:33,720 --> 00:14:36,880 Speaker 4: So a couple of things, and number one, the restrictions 303 00:14:36,880 --> 00:14:40,680 Speaker 4: on ownership. There is like a myriad of things that 304 00:14:40,720 --> 00:14:43,800 Speaker 4: play here right of where the restrictions come from from 305 00:14:43,800 --> 00:14:46,120 Speaker 4: federal law, from state law. There is there is a 306 00:14:46,120 --> 00:14:48,760 Speaker 4: lot going on, but also sort of and you know, 307 00:14:48,880 --> 00:14:51,320 Speaker 4: I've heard you say and the conference I heard it 308 00:14:51,360 --> 00:14:55,080 Speaker 4: repeatedly said, you know, people saying a Blackrock Vanguard State Street. 309 00:14:55,240 --> 00:14:58,960 Speaker 4: I think it's really important to remember that these are 310 00:14:59,400 --> 00:15:04,120 Speaker 4: independent entities that invest independently and that you know, invest 311 00:15:04,640 --> 00:15:07,120 Speaker 4: you know, on the basis of what their clients are 312 00:15:07,200 --> 00:15:09,920 Speaker 4: choosing for them to invest, So we can't talk about 313 00:15:09,960 --> 00:15:10,680 Speaker 4: them collectively. 314 00:15:11,760 --> 00:15:13,720 Speaker 3: That's something that's really important to note. 315 00:15:14,160 --> 00:15:16,720 Speaker 4: The other piece to note is that this is a 316 00:15:17,240 --> 00:15:21,160 Speaker 4: very large and very diverse industry. You're talking about industry 317 00:15:21,160 --> 00:15:26,160 Speaker 4: that's well over one hundred trillion dollars globally, well over 318 00:15:26,200 --> 00:15:27,720 Speaker 4: like maybe one hundred and ten, one hundred and twenty. 319 00:15:28,320 --> 00:15:30,440 Speaker 4: So when you look at how much they hold compared 320 00:15:30,480 --> 00:15:33,000 Speaker 4: to that vast global it just gives you a sense 321 00:15:33,040 --> 00:15:34,600 Speaker 4: of like how big this industry is. 322 00:15:34,640 --> 00:15:35,760 Speaker 3: It's very diversified. 323 00:15:36,120 --> 00:15:40,440 Speaker 4: A lot of players, a lot of choice in this industry, 324 00:15:40,520 --> 00:15:42,280 Speaker 4: you know that said as I said, like, there are 325 00:15:42,400 --> 00:15:46,720 Speaker 4: policymakers and investors who want different solutions when it comes 326 00:15:46,720 --> 00:15:50,800 Speaker 4: to voting, but it's it's important to look at what 327 00:15:50,960 --> 00:15:54,240 Speaker 4: is happening and also the benefits that these providers have 328 00:15:54,440 --> 00:15:56,720 Speaker 4: brought to the to the table when it comes to voting, 329 00:15:56,760 --> 00:15:58,400 Speaker 4: when it comes to the economies of scale they have 330 00:15:58,400 --> 00:16:02,720 Speaker 4: created for funds. We look at any solutions in this space, and. 331 00:16:02,640 --> 00:16:05,040 Speaker 2: One thing that was brought up by a lawyer from Virginia. 332 00:16:05,560 --> 00:16:08,120 Speaker 2: She said something I thought was interesting, which is, there's 333 00:16:08,360 --> 00:16:11,000 Speaker 2: too much demand for the regulatory supply when it comes 334 00:16:11,000 --> 00:16:13,640 Speaker 2: to some of these issues like climate like the government 335 00:16:13,680 --> 00:16:16,200 Speaker 2: really hasn't done a lot and so, but there's all 336 00:16:16,200 --> 00:16:18,560 Speaker 2: this demand built up to do something and it's been 337 00:16:18,640 --> 00:16:20,760 Speaker 2: put on the asset managers, who you could argue you 338 00:16:20,760 --> 00:16:22,800 Speaker 2: are getting too much pressure for what their role is 339 00:16:22,840 --> 00:16:26,880 Speaker 2: in society because of that lack of progress by the 340 00:16:26,920 --> 00:16:30,040 Speaker 2: government itself. I thought that was a pretty decent point. 341 00:16:30,320 --> 00:16:33,280 Speaker 2: That was somebody who was basically trying to say, chill 342 00:16:33,320 --> 00:16:35,360 Speaker 2: on the asset managers. Okay, they're not going to solve 343 00:16:35,400 --> 00:16:39,040 Speaker 2: everything here, but if their pressure is huge, and I 344 00:16:39,080 --> 00:16:43,120 Speaker 2: do think if there was some something done with the laws, 345 00:16:44,280 --> 00:16:46,040 Speaker 2: this would be there, this wouldn't be as big of 346 00:16:46,080 --> 00:16:48,160 Speaker 2: a topic. So I do think that's part of a 347 00:16:48,280 --> 00:16:48,680 Speaker 2: play here. 348 00:16:48,720 --> 00:16:50,600 Speaker 1: Well, you've been on both sides of that, right, You've 349 00:16:50,640 --> 00:16:52,080 Speaker 1: been in the government side, and you've been in the 350 00:16:52,080 --> 00:16:55,920 Speaker 1: private sector, a publicly traded company, Like how do you 351 00:16:55,920 --> 00:16:58,160 Speaker 1: thread that needle or how do you think the we 352 00:16:58,160 --> 00:16:59,240 Speaker 1: should be threading that needle? 353 00:16:59,480 --> 00:17:03,240 Speaker 4: So when you look at asset managers, you know, asset 354 00:17:03,280 --> 00:17:08,200 Speaker 4: managers are looking at their clients, their clients aret of 355 00:17:08,240 --> 00:17:11,760 Speaker 4: ones that provide the mandates. For the institutional clients, the 356 00:17:11,960 --> 00:17:15,800 Speaker 4: mandates can be more complicated, obviously, and but for even 357 00:17:15,840 --> 00:17:18,720 Speaker 4: for retail retail invests on the basi of funds, and 358 00:17:18,760 --> 00:17:22,240 Speaker 4: funds have very specific mandates and the client is choosing that. 359 00:17:22,800 --> 00:17:26,760 Speaker 4: So you know, for for asset managers, the first point 360 00:17:26,920 --> 00:17:30,600 Speaker 4: that the foundation is client choice. Everything else comes from 361 00:17:30,600 --> 00:17:33,000 Speaker 4: that choice the client makes. And you have a lot 362 00:17:33,000 --> 00:17:36,160 Speaker 4: of clients who are very interested in the e SG 363 00:17:36,280 --> 00:17:41,680 Speaker 4: space and funds that target certain you know, client solutions 364 00:17:42,119 --> 00:17:46,000 Speaker 4: or certain solutions to very pressing social policies. That is 365 00:17:46,040 --> 00:17:49,680 Speaker 4: what the client wants, right And so you know, asset 366 00:17:49,720 --> 00:17:53,080 Speaker 4: managers are just that they're not the asset owners. They 367 00:17:53,080 --> 00:17:56,040 Speaker 4: are the asset managers when it comes to the government, 368 00:17:56,200 --> 00:17:58,440 Speaker 4: you know, where you would look for, what you'd look 369 00:17:58,480 --> 00:18:02,199 Speaker 4: for as a regulated entity, and in this really complex space, frankly, 370 00:18:02,280 --> 00:18:05,520 Speaker 4: is clarity. What is the roadmap, What can you do, 371 00:18:05,640 --> 00:18:08,480 Speaker 4: what can you not do? And have that clarity so 372 00:18:08,520 --> 00:18:11,280 Speaker 4: that you can fulfill your mission, especially here for advisors 373 00:18:11,280 --> 00:18:14,560 Speaker 4: as a fiduciary to the clients who are entrusting you 374 00:18:15,000 --> 00:18:16,280 Speaker 4: with their assets. 375 00:18:23,240 --> 00:18:26,520 Speaker 2: Let's talk about ESG related accept the funds themselves. So 376 00:18:27,040 --> 00:18:29,600 Speaker 2: one of Genser's current priorities, or at least one of 377 00:18:29,640 --> 00:18:32,400 Speaker 2: his things he's looking at, is ESG ETFs. And I've 378 00:18:32,400 --> 00:18:34,840 Speaker 2: traveled around, I've worked with our ESG team. There's a 379 00:18:34,960 --> 00:18:39,280 Speaker 2: huge debate about what you're actually getting with an ESGTF. 380 00:18:39,840 --> 00:18:42,440 Speaker 2: Some like the biggest one ESGU, which is the one, 381 00:18:42,560 --> 00:18:44,679 Speaker 2: the biggest one. The holdings look a lot like the 382 00:18:44,760 --> 00:18:46,600 Speaker 2: S and P. There's a couple of things taken out, 383 00:18:46,600 --> 00:18:48,600 Speaker 2: but it's very close, just a little tilt away from 384 00:18:48,640 --> 00:18:51,760 Speaker 2: the index. Then there's ones that go more hardcore. We 385 00:18:51,800 --> 00:18:55,159 Speaker 2: actually have a scoring system. We try to help investors. 386 00:18:55,200 --> 00:18:59,080 Speaker 2: But how much is naming an issue with the sec 387 00:18:59,240 --> 00:19:02,520 Speaker 2: when a product comes in, how much do you need 388 00:19:02,560 --> 00:19:04,520 Speaker 2: to worry about what it holds and what it does 389 00:19:05,160 --> 00:19:08,280 Speaker 2: versus just sort of letting a lot of freedom in 390 00:19:08,400 --> 00:19:10,040 Speaker 2: what you name it and what you hold as long 391 00:19:10,080 --> 00:19:11,359 Speaker 2: as you spill it out in the perspectives. 392 00:19:11,920 --> 00:19:15,359 Speaker 4: So like, without getting into any any specific funds or 393 00:19:15,520 --> 00:19:19,399 Speaker 4: or or fund names, I'm not a portfolio manager, and 394 00:19:19,520 --> 00:19:20,280 Speaker 4: you don't want me to be. 395 00:19:20,200 --> 00:19:21,200 Speaker 3: A portfolio manager. 396 00:19:21,960 --> 00:19:28,960 Speaker 4: When you look at ESG, the term itself, in my opinion, 397 00:19:29,119 --> 00:19:34,160 Speaker 4: is a problem. It's it's it's very imprecise. It brings 398 00:19:34,200 --> 00:19:39,560 Speaker 4: together three very broad terms under this one you know 399 00:19:39,800 --> 00:19:43,440 Speaker 4: one one Moniker, if you will, and you know, let 400 00:19:43,480 --> 00:19:46,680 Speaker 4: me illustrate with the most simplistic of examples, and I will, 401 00:19:46,800 --> 00:19:49,400 Speaker 4: I will say very simplistic examples. You could have one 402 00:19:49,440 --> 00:19:53,160 Speaker 4: fund that targets investments in companies that haven't at zero goal. 403 00:19:53,640 --> 00:19:54,639 Speaker 3: That's an ESG fund. 404 00:19:55,119 --> 00:19:58,040 Speaker 4: You can have another fund that avoids since stocks I 405 00:19:58,160 --> 00:20:01,600 Speaker 4: will not invest in alcohol, guns, not that's an ESG fund. 406 00:20:02,160 --> 00:20:05,280 Speaker 4: You can have another fund that targets companies that have 407 00:20:05,720 --> 00:20:07,200 Speaker 4: particular board characteristics. 408 00:20:07,480 --> 00:20:08,960 Speaker 3: That's also an ESG fund. 409 00:20:09,560 --> 00:20:12,200 Speaker 4: So if you are an investor and you're interested in 410 00:20:12,760 --> 00:20:16,399 Speaker 4: funds and interested putting your money in funds that will 411 00:20:16,840 --> 00:20:20,679 Speaker 4: help you know, with climate solutions, and you just do 412 00:20:20,960 --> 00:20:24,199 Speaker 4: ESG funds, then what do you do with that? And 413 00:20:24,240 --> 00:20:27,399 Speaker 4: how do you get to that bottom of like I 414 00:20:27,480 --> 00:20:30,680 Speaker 4: want not just broad umbrella ESG. I want funds that 415 00:20:30,760 --> 00:20:34,480 Speaker 4: target climate solutions. So there is a problem with the term. 416 00:20:34,560 --> 00:20:37,920 Speaker 4: And when you look at the SEC rule, and by 417 00:20:37,960 --> 00:20:40,320 Speaker 4: the way, I just to I think I would know 418 00:20:40,440 --> 00:20:44,680 Speaker 4: the SEC in trying to bring clarity to the space. 419 00:20:45,440 --> 00:20:46,200 Speaker 3: That is a good thing. 420 00:20:46,359 --> 00:20:49,240 Speaker 4: That's important for investors because here you're talking about retail products, 421 00:20:49,240 --> 00:20:51,960 Speaker 4: so it's really important to bring clarity. But if you're 422 00:20:52,000 --> 00:20:55,040 Speaker 4: doubling down on this term that is just so broad 423 00:20:55,080 --> 00:20:58,320 Speaker 4: and includes so much, are you really going to bring 424 00:20:58,320 --> 00:20:59,119 Speaker 4: clarity to space? 425 00:21:00,440 --> 00:21:00,640 Speaker 1: Yeah. 426 00:21:00,760 --> 00:21:05,000 Speaker 2: No, it's a difficult question because some like advisors may 427 00:21:05,000 --> 00:21:07,480 Speaker 2: want water down ESG. They may want just a slight 428 00:21:07,560 --> 00:21:10,920 Speaker 2: tilt because they don't like tracking her. But an ESG 429 00:21:11,000 --> 00:21:13,520 Speaker 2: advocate would argue, that's not really ESG investing. And so 430 00:21:13,800 --> 00:21:16,679 Speaker 2: same thing happens in smart beta. There's value ETFs that 431 00:21:16,680 --> 00:21:19,000 Speaker 2: are just barely value, and a quant would be like, 432 00:21:19,040 --> 00:21:22,119 Speaker 2: that's just that's not really value investing. You got to 433 00:21:22,160 --> 00:21:24,919 Speaker 2: go hardcore. So I don't know, it's tough to police 434 00:21:24,960 --> 00:21:28,920 Speaker 2: this in general, but I think the names. When I 435 00:21:28,920 --> 00:21:31,439 Speaker 2: wrote my first book, I had the golden rule of 436 00:21:31,440 --> 00:21:34,240 Speaker 2: ETF investing is never totally trust the name. You know, 437 00:21:34,320 --> 00:21:36,680 Speaker 2: definitely look at the holdings, no matter what it's called, 438 00:21:37,119 --> 00:21:38,400 Speaker 2: or no matter how good of a job it does, 439 00:21:38,440 --> 00:21:41,320 Speaker 2: because sometimes the names don't quite match up well. 440 00:21:41,560 --> 00:21:44,399 Speaker 1: Extension of what Eric's asked you, how much does the 441 00:21:44,440 --> 00:21:48,720 Speaker 1: SEC look at the ticker itself and care about what's 442 00:21:48,760 --> 00:21:51,000 Speaker 1: in the ticker or what's implied by the ticker. 443 00:21:51,040 --> 00:21:54,840 Speaker 4: Maybe, So I want to touch on names and ticker. 444 00:21:55,440 --> 00:22:00,280 Speaker 4: So first names. Names are important, but I would the 445 00:22:00,320 --> 00:22:02,920 Speaker 4: hope that we're not buying funds based. 446 00:22:02,720 --> 00:22:03,400 Speaker 3: On just the name. 447 00:22:04,320 --> 00:22:07,919 Speaker 1: And I hope, yeah, there moment that was kind of 448 00:22:08,080 --> 00:22:10,560 Speaker 1: kind of part of part of what drove that moment. 449 00:22:10,720 --> 00:22:16,040 Speaker 4: Yeah, but you know that just really hope that's not 450 00:22:16,080 --> 00:22:18,600 Speaker 4: where like at least like the look at the fact 451 00:22:18,600 --> 00:22:21,560 Speaker 4: sheet right there's And by the way, if you're going 452 00:22:21,560 --> 00:22:24,880 Speaker 4: through a financial professional like an advisor or a broker, 453 00:22:25,119 --> 00:22:28,960 Speaker 4: then they're looking beyond the name, and I I you know, 454 00:22:29,160 --> 00:22:33,680 Speaker 4: self directed investors are actually ones that believe they have 455 00:22:33,800 --> 00:22:36,240 Speaker 4: like a they want to be self directed. They're choosing 456 00:22:36,320 --> 00:22:39,280 Speaker 4: to be self directed. They they have facility with the market. 457 00:22:39,600 --> 00:22:41,840 Speaker 4: So I don't know if they just look in at 458 00:22:41,840 --> 00:22:45,280 Speaker 4: the name. So I wouldn't want us to overplay the 459 00:22:45,440 --> 00:22:49,320 Speaker 4: name is important truth in advertising, but it shouldn't be 460 00:22:49,400 --> 00:22:51,520 Speaker 4: such a huge focus that we lose sort of track 461 00:22:51,560 --> 00:22:54,640 Speaker 4: of like it cannot be the only component on on 462 00:22:54,840 --> 00:22:57,439 Speaker 4: the ticker. I mean, I will tell you this, I 463 00:22:57,440 --> 00:23:03,199 Speaker 4: mean you could you could spend time I'm arguing with 464 00:23:03,280 --> 00:23:06,919 Speaker 4: a fund on a name and then they get an 465 00:23:06,920 --> 00:23:07,639 Speaker 4: interesting ticker. 466 00:23:07,960 --> 00:23:10,119 Speaker 2: Hold on, I'm gonna jump in. I know, I know 467 00:23:10,160 --> 00:23:12,919 Speaker 2: what you're thinking of the blockchain ETF. They didn't want 468 00:23:12,960 --> 00:23:15,840 Speaker 2: the word blockchain and the fund and then they were like, okay, fine, 469 00:23:15,840 --> 00:23:19,040 Speaker 2: we'll call it the Data Transformational something or another, and 470 00:23:19,080 --> 00:23:22,920 Speaker 2: then block is the ticker. We always we always wondered 471 00:23:22,920 --> 00:23:24,639 Speaker 2: about that. It's like it's they It's almost like the 472 00:23:24,680 --> 00:23:27,080 Speaker 2: industry has this little bit of an ace up their sleeve. 473 00:23:27,080 --> 00:23:27,879 Speaker 2: If they really need. 474 00:23:27,760 --> 00:23:30,600 Speaker 1: It, you can do we can either confirm nor deny. 475 00:23:30,600 --> 00:23:35,000 Speaker 4: If I'm not thinking of any funny example, I'm just 476 00:23:35,200 --> 00:23:35,600 Speaker 4: I'm just. 477 00:23:35,520 --> 00:23:37,680 Speaker 2: Saying, how about the how about the marijuana one? MJ 478 00:23:38,080 --> 00:23:41,920 Speaker 2: is the ticker, but the name is like emerging agrosphere 479 00:23:42,119 --> 00:23:42,600 Speaker 2: or something. 480 00:23:43,440 --> 00:23:46,919 Speaker 1: Well, actually, I am curious because you were at the 481 00:23:47,040 --> 00:23:49,879 Speaker 1: SEC when cannabis came up? So how did how did 482 00:23:49,880 --> 00:23:54,639 Speaker 1: the SEC evaluate? All of a sudden I could probably 483 00:23:54,640 --> 00:23:56,159 Speaker 1: do a pun here, but all of a sudden, there 484 00:23:56,160 --> 00:23:58,760 Speaker 1: were a lot of cannabis themed ETFs. 485 00:23:59,560 --> 00:24:02,480 Speaker 4: Something that people sort of don't think of on the outside, 486 00:24:02,640 --> 00:24:07,639 Speaker 4: which is, you know how the commission is, how it 487 00:24:07,720 --> 00:24:11,000 Speaker 4: takes in some of these products. Right, in some cases 488 00:24:11,680 --> 00:24:14,320 Speaker 4: the product, everything about it is sort of under a rule, 489 00:24:14,920 --> 00:24:17,160 Speaker 4: and so all you're looking at is the registration statement 490 00:24:17,280 --> 00:24:21,000 Speaker 4: and making sure that meets the regulatory requirements for disclosure. 491 00:24:21,480 --> 00:24:24,919 Speaker 4: In some cases, like the non transparent ETFs by way 492 00:24:24,960 --> 00:24:29,439 Speaker 4: of example, they don't fall within the regulatory framework, so 493 00:24:29,480 --> 00:24:32,640 Speaker 4: you have the whole exemptive process where the commission can 494 00:24:32,680 --> 00:24:35,760 Speaker 4: have a much bigger role in shaping. So when the 495 00:24:35,760 --> 00:24:40,919 Speaker 4: cannabis ETFs came in, they were in that disclosure space. 496 00:24:41,000 --> 00:24:45,119 Speaker 4: So are you disclosing all the risks? Are you looking 497 00:24:45,200 --> 00:24:50,640 Speaker 4: at any legal risks in that regard? So that one 498 00:24:50,720 --> 00:24:54,480 Speaker 4: is just a focus of what is it doing? Are 499 00:24:54,480 --> 00:24:56,640 Speaker 4: you saying what it's doing? And are you telling the 500 00:24:56,680 --> 00:25:00,560 Speaker 4: world out there what if any potential liability you would 501 00:25:00,560 --> 00:25:04,280 Speaker 4: have in frankly, you know, can you sell it given 502 00:25:04,680 --> 00:25:05,640 Speaker 4: the laws at the time. 503 00:25:06,040 --> 00:25:07,880 Speaker 2: And you know, one thing we've seen over and over 504 00:25:07,920 --> 00:25:10,959 Speaker 2: throughout history is Canada seems to like there'll be filings 505 00:25:11,000 --> 00:25:12,560 Speaker 2: in the US for something and the sec will you 506 00:25:12,560 --> 00:25:15,280 Speaker 2: can tell, be wrestling over it, and then Canada will 507 00:25:15,320 --> 00:25:17,359 Speaker 2: just launch it like they seem to have liberal regulators. 508 00:25:18,119 --> 00:25:20,440 Speaker 2: That's how the first TTF came out. Actually MX thought 509 00:25:20,440 --> 00:25:22,480 Speaker 2: of it, but then share the idea with Toronto Stock 510 00:25:22,520 --> 00:25:23,720 Speaker 2: Exchange and they launched it in Canada. 511 00:25:23,760 --> 00:25:24,040 Speaker 1: First. 512 00:25:24,200 --> 00:25:26,440 Speaker 2: They didn't happen with fixed income, That didn't happen with cannabis. 513 00:25:26,640 --> 00:25:29,920 Speaker 2: It's happened over and over. Do you do you care 514 00:25:29,960 --> 00:25:32,120 Speaker 2: what Canada does at all? Like, are you or does 515 00:25:32,119 --> 00:25:34,600 Speaker 2: that give you an incubator to see, Hey, did it 516 00:25:34,640 --> 00:25:36,480 Speaker 2: work up in Canada? Maybe we'll be okay with it. 517 00:25:37,640 --> 00:25:41,000 Speaker 4: So just speaking from my you know, former former hat 518 00:25:41,280 --> 00:25:44,760 Speaker 4: you always look at where their regulations and the products 519 00:25:44,760 --> 00:25:48,480 Speaker 4: are developing and other jurisdictions, but it's always important to 520 00:25:48,520 --> 00:25:50,640 Speaker 4: keep in mind that we are not in other jurisdiction 521 00:25:50,720 --> 00:25:53,280 Speaker 4: like the United States jurisdiction. We are the most sophisticated, 522 00:25:53,320 --> 00:25:58,560 Speaker 4: most mature market the ETF space, for example, fixed income derivatives. 523 00:25:58,840 --> 00:26:01,679 Speaker 4: We are the biggest market. So you can always look 524 00:26:01,680 --> 00:26:05,040 Speaker 4: at what's happening somewhere else, but you have to keep 525 00:26:05,080 --> 00:26:09,120 Speaker 4: your eyes grounded right here at home because our rules, 526 00:26:09,160 --> 00:26:14,200 Speaker 4: our markets are different, and you shouldn't, you know, bar 527 00:26:14,359 --> 00:26:17,360 Speaker 4: regulation from other places simply because like you think they 528 00:26:17,359 --> 00:26:19,440 Speaker 4: sound good, Like you really have to think about will 529 00:26:19,440 --> 00:26:22,159 Speaker 4: it work here? Is it going to help our markets 530 00:26:22,200 --> 00:26:25,160 Speaker 4: evolve and develop. Does it lend to market resiliency? Does 531 00:26:25,160 --> 00:26:27,800 Speaker 4: it lend itself to innovation but in a way that 532 00:26:27,840 --> 00:26:28,880 Speaker 4: works in our markets. 533 00:26:29,000 --> 00:26:31,879 Speaker 1: Is there any quiet second guessing that goes on in 534 00:26:31,920 --> 00:26:34,000 Speaker 1: the SEC where it's like, we really should have done 535 00:26:34,000 --> 00:26:34,520 Speaker 1: that differently. 536 00:26:37,240 --> 00:26:38,880 Speaker 3: That's a great question, you know. 537 00:26:41,040 --> 00:26:43,639 Speaker 4: The SEC, and I will just give us sort of 538 00:26:43,680 --> 00:26:47,000 Speaker 4: like a chapeau to the staff and the Commission. They 539 00:26:47,119 --> 00:26:51,119 Speaker 4: work really hard to make sure that they answer or 540 00:26:51,160 --> 00:26:54,480 Speaker 4: get answers to the questions they have. I think sometimes 541 00:26:54,520 --> 00:26:59,240 Speaker 4: that results in perhaps some frustration with the pace of 542 00:27:00,160 --> 00:27:02,639 Speaker 4: working with the Commission, But it really is to your 543 00:27:02,680 --> 00:27:05,000 Speaker 4: point that you don't want to get to the place 544 00:27:05,040 --> 00:27:08,280 Speaker 4: where you like, you know, you know, I miss something 545 00:27:08,400 --> 00:27:11,880 Speaker 4: or didn't do something. Hopefully, if that ever happens, it's 546 00:27:11,920 --> 00:27:12,920 Speaker 4: something that's pretty minor. 547 00:27:13,280 --> 00:27:16,760 Speaker 1: Well actually related to that. Then, because you've had multiple 548 00:27:16,760 --> 00:27:20,359 Speaker 1: tour of duties and you were under j Clayton during 549 00:27:20,400 --> 00:27:23,960 Speaker 1: your tenure and now Gary Ginsler's there and that's who 550 00:27:24,040 --> 00:27:26,320 Speaker 1: the head was at the conference, I'm assuming you have 551 00:27:26,480 --> 00:27:30,919 Speaker 1: you've had others SEC chairs and previous tours of duties. 552 00:27:30,960 --> 00:27:34,720 Speaker 1: How much did the SEC really change based on who's 553 00:27:34,760 --> 00:27:36,880 Speaker 1: in charge. 554 00:27:36,600 --> 00:27:37,200 Speaker 3: Great question. 555 00:27:37,320 --> 00:27:42,280 Speaker 4: So I started under Chairman Donaldson, so that was I'm 556 00:27:42,320 --> 00:27:47,119 Speaker 4: dating myself here right by quite a bit. Look, I mean, 557 00:27:47,280 --> 00:27:54,240 Speaker 4: the SEC is an organization of very professional staff, many 558 00:27:54,280 --> 00:27:57,439 Speaker 4: of whom are career staffers who have been there for 559 00:27:57,480 --> 00:27:59,879 Speaker 4: a very very long time, and by virtue of that, 560 00:28:00,000 --> 00:28:03,560 Speaker 4: they are actually experts in in in the markets and 561 00:28:03,600 --> 00:28:06,920 Speaker 4: in the areas that they regulate. So yes, I mean 562 00:28:06,920 --> 00:28:09,639 Speaker 4: when you get a different chair in the agency, the 563 00:28:09,720 --> 00:28:11,679 Speaker 4: chair is the one that puts together the agenda for 564 00:28:11,720 --> 00:28:14,160 Speaker 4: the agency, so you get different rule makings. You can 565 00:28:14,200 --> 00:28:17,280 Speaker 4: get different flavors here, but I think the piece that 566 00:28:18,240 --> 00:28:21,000 Speaker 4: in the rule makings are very public. But there is 567 00:28:21,000 --> 00:28:23,680 Speaker 4: so much to the mission of the of the agency 568 00:28:23,760 --> 00:28:26,240 Speaker 4: that's done by the career staff day in, day out, 569 00:28:27,080 --> 00:28:30,639 Speaker 4: and those those pieces tend to be pretty consistent. But 570 00:28:30,680 --> 00:28:33,720 Speaker 4: the one you know, significant difference, well if you will, 571 00:28:34,200 --> 00:28:36,879 Speaker 4: is the rule making agenda that is driven by the 572 00:28:36,960 --> 00:28:37,800 Speaker 4: Chair of the Commission. 573 00:28:38,400 --> 00:28:41,080 Speaker 1: Can I ask then about how crypto is being talked 574 00:28:41,080 --> 00:28:44,520 Speaker 1: about in your time there, and and then what you 575 00:28:44,560 --> 00:28:46,560 Speaker 1: what you make of what we've seen within the last 576 00:28:46,600 --> 00:28:48,680 Speaker 1: few weeks and months. 577 00:28:49,080 --> 00:28:53,080 Speaker 4: So I think I have a pretty public letter around 578 00:28:53,120 --> 00:28:56,400 Speaker 4: the you know, bitcoin ETFs. 579 00:28:57,880 --> 00:28:58,680 Speaker 3: I think it wasn't. 580 00:28:59,320 --> 00:29:01,480 Speaker 4: I can't remember the date now, but it was pretty 581 00:29:01,520 --> 00:29:06,560 Speaker 4: early in my tenure when we published it and that one, 582 00:29:06,560 --> 00:29:08,600 Speaker 4: and we also did a request for common on custody 583 00:29:09,000 --> 00:29:15,200 Speaker 4: for investment advisors. And what we did there was sort 584 00:29:15,240 --> 00:29:18,400 Speaker 4: of put it out there in the marketplace, very transparent. 585 00:29:18,680 --> 00:29:22,640 Speaker 4: These are all the issues, so that you understand where 586 00:29:22,680 --> 00:29:25,400 Speaker 4: the staff is coming from. So when you're approaching us, 587 00:29:25,560 --> 00:29:27,840 Speaker 4: you know where the questions are, and everybody knows where 588 00:29:27,840 --> 00:29:28,440 Speaker 4: the questions are. 589 00:29:28,760 --> 00:29:31,960 Speaker 2: This was a big letter because the filings were piling up. 590 00:29:32,720 --> 00:29:33,360 Speaker 1: This sort of. 591 00:29:34,040 --> 00:29:35,640 Speaker 2: Created a lot, I think a lot more work in 592 00:29:35,680 --> 00:29:38,880 Speaker 2: the prospectuses. I thought they would answer these as best 593 00:29:38,920 --> 00:29:40,520 Speaker 2: they could, and over the next couple of years they 594 00:29:40,520 --> 00:29:43,040 Speaker 2: would have answered all these questions. But I do remember 595 00:29:43,080 --> 00:29:45,520 Speaker 2: that was a huge It was a little bit of 596 00:29:45,520 --> 00:29:47,400 Speaker 2: cold water because there's a lot of questions. 597 00:29:48,360 --> 00:29:51,920 Speaker 4: We thought it was important to make sure the marketplace 598 00:29:52,720 --> 00:29:56,760 Speaker 4: understood all the issues and transparently, so not you know, 599 00:29:56,880 --> 00:29:58,720 Speaker 4: if you came in to have a meeting with us, 600 00:29:59,360 --> 00:30:01,840 Speaker 4: we would tell you, but it was really important for 601 00:30:01,880 --> 00:30:04,040 Speaker 4: everybody else to have that information as well, not just 602 00:30:04,120 --> 00:30:07,200 Speaker 4: you in a closed meeting, so everybody was on the 603 00:30:07,240 --> 00:30:10,880 Speaker 4: same level playing field. So we were talking earlier about 604 00:30:10,920 --> 00:30:13,920 Speaker 4: sort of the touch point to the Commission when products 605 00:30:14,000 --> 00:30:17,000 Speaker 4: come in, be it like a rule or an exemption 606 00:30:17,200 --> 00:30:20,560 Speaker 4: or disclosure. And what was happening was you were getting 607 00:30:20,560 --> 00:30:23,240 Speaker 4: a lot of these registration statements filed when there were 608 00:30:23,240 --> 00:30:26,440 Speaker 4: like very significant legal questions, and that was sort of like, 609 00:30:26,480 --> 00:30:29,520 Speaker 4: you know, let's just you know, not keep on just 610 00:30:29,560 --> 00:30:33,440 Speaker 4: piling on registration statements. Let us answer this legal questions, 611 00:30:33,800 --> 00:30:38,480 Speaker 4: think through them and see where we can go. You know, 612 00:30:38,600 --> 00:30:42,800 Speaker 4: obviously it's still a there's still lots of questions. Eric 613 00:30:42,840 --> 00:30:44,120 Speaker 4: kind and I don't say. 614 00:30:44,760 --> 00:30:46,840 Speaker 2: Yeah, no, this is something we've been tracking forever. It's 615 00:30:46,880 --> 00:30:49,040 Speaker 2: now eleven years old the horse race. The first one 616 00:30:49,080 --> 00:30:52,360 Speaker 2: was filed by Winkelvoss, and there's been seventy eight filings 617 00:30:52,400 --> 00:30:54,680 Speaker 2: along the way. We actually tracked this whole big board, 618 00:30:55,160 --> 00:30:57,160 Speaker 2: and you know, most of them have been rejected. But 619 00:30:57,240 --> 00:30:59,880 Speaker 2: now you've got a couple more filing. And the reason, 620 00:31:00,120 --> 00:31:03,240 Speaker 2: as you can understand, is that if you're first with 621 00:31:03,320 --> 00:31:06,320 Speaker 2: a spot bitcoin etf you are an instant millionaire. You 622 00:31:06,320 --> 00:31:09,640 Speaker 2: can probably buy a small island. It's like, again I 623 00:31:09,640 --> 00:31:11,760 Speaker 2: equated the cannonball run. You know, whoever gets to LA 624 00:31:11,880 --> 00:31:14,120 Speaker 2: first and that movie gets all the money. It's a 625 00:31:14,160 --> 00:31:15,960 Speaker 2: first to market thing, and so of course they're just 626 00:31:15,960 --> 00:31:18,440 Speaker 2: going to like roll the dice left and right just 627 00:31:18,520 --> 00:31:20,960 Speaker 2: in case. I don't know, you've shifted your mindset and 628 00:31:21,000 --> 00:31:23,680 Speaker 2: you're like, now's the time. So I feel for the issuers, 629 00:31:23,920 --> 00:31:26,280 Speaker 2: but also feel for the SEC. It's just the It 630 00:31:26,400 --> 00:31:28,840 Speaker 2: is quite the situation though I called a saga. It's 631 00:31:28,880 --> 00:31:30,360 Speaker 2: now eleven years running. 632 00:31:30,440 --> 00:31:32,440 Speaker 1: Did the SEC have a big board that they just 633 00:31:32,480 --> 00:31:35,320 Speaker 1: put it was like, oh, here's another one. 634 00:31:35,200 --> 00:31:39,040 Speaker 3: So you know, a few sort of threads to pull here. 635 00:31:39,800 --> 00:31:43,680 Speaker 4: I think having the market having clarity on where to 636 00:31:43,800 --> 00:31:46,680 Speaker 4: SEC is right now with respect to these products would 637 00:31:46,680 --> 00:31:50,800 Speaker 4: be great. If you look at the safeguarding rule that 638 00:31:50,920 --> 00:31:55,560 Speaker 4: was recently proposed, you know, there seems to be a 639 00:31:55,760 --> 00:31:58,320 Speaker 4: more of a shutting the doors as opposed to anything 640 00:31:58,320 --> 00:32:02,640 Speaker 4: else in the space. I think in the bitcoin space, 641 00:32:03,000 --> 00:32:07,560 Speaker 4: crypto asset space in general, frankly, more regulatory clarity, and 642 00:32:07,600 --> 00:32:10,680 Speaker 4: this is not just about the SEC, would be welcome. 643 00:32:11,400 --> 00:32:14,160 Speaker 4: I think any player in a space would would agree 644 00:32:14,200 --> 00:32:16,600 Speaker 4: probably with what I'm saying. So this is a space 645 00:32:16,680 --> 00:32:21,640 Speaker 4: that regulatory certainty and clarity and allowing innovation with the 646 00:32:21,680 --> 00:32:25,920 Speaker 4: proper market and investor protections would be fantastic. And I 647 00:32:26,160 --> 00:32:28,160 Speaker 4: don't know that we're getting that. We're just getting a 648 00:32:28,160 --> 00:32:30,560 Speaker 4: lot of like, we don't like this, so we will 649 00:32:30,600 --> 00:32:33,640 Speaker 4: continue to you know, not allow things to go out. 650 00:32:33,680 --> 00:32:36,840 Speaker 3: So that needs some work. 651 00:32:37,600 --> 00:32:40,080 Speaker 4: But in general, if you step back even before before 652 00:32:40,120 --> 00:32:44,800 Speaker 4: we even get into this new asset class, ETFs are 653 00:32:44,920 --> 00:32:49,560 Speaker 4: still not on the same playing field as just your 654 00:32:49,600 --> 00:32:53,320 Speaker 4: typical mutual fund there and you know this right you 655 00:32:53,360 --> 00:32:56,840 Speaker 4: talked about it Eric in the in the conference, there 656 00:32:56,880 --> 00:33:00,400 Speaker 4: are still, for example, for non transparent class ATF are 657 00:33:00,400 --> 00:33:03,720 Speaker 4: still assets that you can't run a non transparent because 658 00:33:03,680 --> 00:33:06,320 Speaker 4: it's still it's outside the rule and you still don't 659 00:33:06,360 --> 00:33:08,880 Speaker 4: have an exemption for it. So I think for me, 660 00:33:09,560 --> 00:33:13,160 Speaker 4: getting ETFs to a place where it's on par with 661 00:33:13,280 --> 00:33:16,040 Speaker 4: mutual funds would be a fantastic step forward for a 662 00:33:16,080 --> 00:33:17,920 Speaker 4: product that I think has really proved itself in the 663 00:33:17,960 --> 00:33:19,360 Speaker 4: marketplace over and over again. 664 00:33:19,840 --> 00:33:20,640 Speaker 3: So that's one. 665 00:33:21,000 --> 00:33:22,800 Speaker 4: And then the other thing which I think would be 666 00:33:22,840 --> 00:33:27,200 Speaker 4: really helpful for ETFs, especially fixed income ETFs, is that 667 00:33:27,280 --> 00:33:30,320 Speaker 4: they should be getting fixed income treatment like not equity 668 00:33:30,360 --> 00:33:33,160 Speaker 4: treatment for accounting purposes. I think that would just really 669 00:33:33,200 --> 00:33:36,280 Speaker 4: help that product as well. So looking at ETFs to 670 00:33:36,360 --> 00:33:38,880 Speaker 4: equalize them with mutual funds in terms of the offerings 671 00:33:38,920 --> 00:33:41,760 Speaker 4: because they are open ended funds, but also looking at 672 00:33:41,760 --> 00:33:44,440 Speaker 4: the ETF and sort of evolving that product to where 673 00:33:44,480 --> 00:33:47,360 Speaker 4: it should be evolved, because if its unique features is 674 00:33:47,400 --> 00:33:51,120 Speaker 4: another place. And then going back to crypto and crypto 675 00:33:51,120 --> 00:33:56,560 Speaker 4: assets and bitcoin, I'd say regulatory clarity, appreciating that investors 676 00:33:57,440 --> 00:34:01,680 Speaker 4: want this asset class and making sure that the you know, 677 00:34:01,720 --> 00:34:03,480 Speaker 4: it's being provided in the market in the way that 678 00:34:03,560 --> 00:34:07,760 Speaker 4: meets investor protections, market resilience, all these all these things 679 00:34:07,760 --> 00:34:10,120 Speaker 4: that you know are I have always helped our markets 680 00:34:10,160 --> 00:34:12,000 Speaker 4: and made our markets what they are, like the best 681 00:34:12,000 --> 00:34:12,560 Speaker 4: in the world. 682 00:34:13,280 --> 00:34:14,160 Speaker 3: These are all good things. 683 00:34:14,880 --> 00:34:16,840 Speaker 2: And when I presented by the way, I had to 684 00:34:16,840 --> 00:34:18,680 Speaker 2: put a cryptoslide in there, and I showed the percent 685 00:34:18,719 --> 00:34:23,920 Speaker 2: premium of ETF spockpick whin ETFs overseas versus gs GBTC, 686 00:34:24,280 --> 00:34:26,520 Speaker 2: which is like a closed end fund, and the premium 687 00:34:26,560 --> 00:34:28,320 Speaker 2: is all over the place, right, it's like a broken 688 00:34:28,520 --> 00:34:30,440 Speaker 2: you know, that's like a clothes un fund. The ETFs 689 00:34:30,440 --> 00:34:32,080 Speaker 2: did a pretty good job during the past couple of 690 00:34:32,120 --> 00:34:34,680 Speaker 2: years in other markets and My point to them, because 691 00:34:34,680 --> 00:34:37,880 Speaker 2: I had their ear, was like trust the et or 692 00:34:37,920 --> 00:34:40,360 Speaker 2: have faith in the ETF, maybe even more than you 693 00:34:40,440 --> 00:34:43,480 Speaker 2: have a lack of faith in the crypto market because 694 00:34:44,239 --> 00:34:45,920 Speaker 2: a lot of the market makers are not going to 695 00:34:45,960 --> 00:34:48,960 Speaker 2: fool round with like shady exchanges, and so those exchanges 696 00:34:48,960 --> 00:34:51,600 Speaker 2: may actually up their game to get the money from 697 00:34:51,600 --> 00:34:54,080 Speaker 2: the market makers. And if you could custody it with fidelity, 698 00:34:54,480 --> 00:34:56,000 Speaker 2: you're gonna be way safer than you wouldn't have an 699 00:34:56,040 --> 00:35:00,120 Speaker 2: FTX situation because the ETF is transferable. Because this your 700 00:35:00,160 --> 00:35:02,040 Speaker 2: assets would be safe. So there were a couple of 701 00:35:02,040 --> 00:35:05,080 Speaker 2: reasons I thought the ETF again should be But I 702 00:35:05,120 --> 00:35:09,200 Speaker 2: totally understand all these other issues. For sure, it's complicated, 703 00:35:09,320 --> 00:35:11,319 Speaker 2: I mean to say the least, especially after last year. 704 00:35:11,640 --> 00:35:13,799 Speaker 2: So I get it. It's just, you know, it's one 705 00:35:13,840 --> 00:35:16,200 Speaker 2: of these things we cover and I get exhausted, frankly, 706 00:35:16,360 --> 00:35:18,120 Speaker 2: because it's just like goes on and on and on. 707 00:35:25,640 --> 00:35:29,960 Speaker 1: I'm really curious. This is a crazy moment in American culture. 708 00:35:30,000 --> 00:35:34,760 Speaker 1: I think even investing has become partisan, and I'm curious 709 00:35:34,760 --> 00:35:36,840 Speaker 1: about that. Having been both on the public side of 710 00:35:36,880 --> 00:35:41,320 Speaker 1: the SEC and then entering the private markets and publicly 711 00:35:41,320 --> 00:35:44,080 Speaker 1: traded companies again, but what is it like to live 712 00:35:44,160 --> 00:35:47,680 Speaker 1: through this moment where investing has become a partisan sport 713 00:35:47,719 --> 00:35:50,080 Speaker 1: and what and what what concerns do you have for 714 00:35:50,200 --> 00:35:51,000 Speaker 1: investors about that? 715 00:35:51,360 --> 00:35:55,480 Speaker 3: So it's it's not investing rit large, it's EESG. Yeah, right, and. 716 00:35:57,200 --> 00:36:02,520 Speaker 4: I definitely was not expecting the moments as it happened. 717 00:36:02,520 --> 00:36:04,440 Speaker 4: Then the very strong views, but. 718 00:36:05,239 --> 00:36:07,440 Speaker 3: That's from from both from both sides. 719 00:36:07,640 --> 00:36:10,319 Speaker 4: So you know, if you're on one side, you have 720 00:36:10,360 --> 00:36:15,760 Speaker 4: stakeholders accusing asset managers of not doing enough to address 721 00:36:15,760 --> 00:36:19,279 Speaker 4: climate change or whatever social issue that is important to them, 722 00:36:20,040 --> 00:36:24,480 Speaker 4: demanding that they adopt certain investment and stewardship practices to 723 00:36:24,520 --> 00:36:29,240 Speaker 4: promote green finance and corporate social responsibility. And that's without 724 00:36:29,239 --> 00:36:32,800 Speaker 4: regard to the fact that asset managers have a fiduciary 725 00:36:32,880 --> 00:36:34,880 Speaker 4: obligation duty to asset owners. 726 00:36:34,920 --> 00:36:36,200 Speaker 3: It's the asset owner that chooses. 727 00:36:36,280 --> 00:36:40,320 Speaker 4: Right On the other side of that, you have stakeholders 728 00:36:40,360 --> 00:36:43,239 Speaker 4: who accusing asset managers of using other people's money for 729 00:36:43,360 --> 00:36:47,319 Speaker 4: social or political goals that are not allowed aligned with 730 00:36:47,400 --> 00:36:51,520 Speaker 4: creating shareholder value. So the values versus value and this 731 00:36:51,600 --> 00:36:56,520 Speaker 4: is what has led to hundreds of anti and pro 732 00:36:56,840 --> 00:36:59,680 Speaker 4: ESG bills across the US. I think this legislative session 733 00:37:00,120 --> 00:37:02,440 Speaker 4: for the States was over two hundred and seventy if 734 00:37:02,480 --> 00:37:03,400 Speaker 4: I'm right about the number. 735 00:37:03,520 --> 00:37:06,839 Speaker 1: So that's like there was never any and then all 736 00:37:06,840 --> 00:37:09,720 Speaker 1: of a sudden this if you look. 737 00:37:09,600 --> 00:37:12,359 Speaker 4: At last year versus this year, like the number has 738 00:37:12,800 --> 00:37:16,239 Speaker 4: significantly gone up. I'd be curious, like next year what 739 00:37:16,320 --> 00:37:18,920 Speaker 4: the what the number would be. But it just really 740 00:37:18,960 --> 00:37:23,719 Speaker 4: tells you how really divided we are here in the 741 00:37:23,840 --> 00:37:27,520 Speaker 4: US on the state level. Obviously on the federal level 742 00:37:27,520 --> 00:37:30,520 Speaker 4: we're also divided. You're hearing you're hearing that in the 743 00:37:30,560 --> 00:37:33,399 Speaker 4: Congress and between the different parties. And then you also 744 00:37:33,440 --> 00:37:36,319 Speaker 4: if you have if you're a global asset manager, you 745 00:37:36,440 --> 00:37:39,279 Speaker 4: actually also have stakeholders in Europe and Asia and the 746 00:37:39,320 --> 00:37:42,120 Speaker 4: Middle East, in Latin America. They also have very strong 747 00:37:42,200 --> 00:37:45,960 Speaker 4: views about this. So it's really difficult, frankly, to thread 748 00:37:46,000 --> 00:37:48,560 Speaker 4: the needle and get to a place where there is 749 00:37:48,600 --> 00:37:50,480 Speaker 4: a common understanding on these on these issues. 750 00:37:51,520 --> 00:37:53,280 Speaker 1: So where do we go from here? 751 00:37:53,800 --> 00:37:58,480 Speaker 4: So, you know, looking at the at the US, I 752 00:37:58,520 --> 00:38:00,480 Speaker 4: think a couple of things. 753 00:38:01,400 --> 00:38:02,919 Speaker 3: One is the term ESG. 754 00:38:04,200 --> 00:38:07,120 Speaker 4: I think if I'm on one side of this debate, 755 00:38:07,680 --> 00:38:10,400 Speaker 4: whatever I say, I'm not going to convince you when 756 00:38:10,440 --> 00:38:12,160 Speaker 4: you're not going to convince me, and that's just not 757 00:38:12,160 --> 00:38:14,080 Speaker 4: going to a good place to be. So we can 758 00:38:14,520 --> 00:38:17,880 Speaker 4: keep on using a term that everybody has entrenched around 759 00:38:17,920 --> 00:38:20,759 Speaker 4: what it means and think that we are going to 760 00:38:20,800 --> 00:38:24,120 Speaker 4: find our way to the to a positive end results. 761 00:38:24,120 --> 00:38:27,920 Speaker 4: So the term ESG has become in and of itself 762 00:38:27,960 --> 00:38:33,440 Speaker 4: and an issue, and unfortunately the SEC rules would enshrine it, 763 00:38:33,560 --> 00:38:36,359 Speaker 4: which would you know, kind of enshine the problem, if 764 00:38:36,400 --> 00:38:38,600 Speaker 4: you will. The other part of it is when we 765 00:38:38,640 --> 00:38:40,920 Speaker 4: are looking at the federal level, when we are looking 766 00:38:41,040 --> 00:38:45,560 Speaker 4: at rules that help with the climate disclosure other disclosures, 767 00:38:46,080 --> 00:38:49,200 Speaker 4: just really making sure that we stay true my opinion 768 00:38:49,280 --> 00:38:54,759 Speaker 4: to the US system of market regulation, not adopting things, 769 00:38:54,760 --> 00:38:57,400 Speaker 4: for example, from Europe. Europe has a very different system 770 00:38:57,440 --> 00:39:00,000 Speaker 4: than ours, and that's not to say one is better 771 00:39:00,120 --> 00:39:00,480 Speaker 4: and the other. 772 00:39:00,520 --> 00:39:01,160 Speaker 3: It's just different. 773 00:39:01,520 --> 00:39:06,640 Speaker 4: In Europe, pushing social policy through market regulation is a 774 00:39:06,760 --> 00:39:09,800 Speaker 4: very well accepted practice. It's just how it works there. 775 00:39:10,800 --> 00:39:12,319 Speaker 3: We don't do that. 776 00:39:12,520 --> 00:39:16,319 Speaker 4: The US market system is about full unfair disclosure, it's 777 00:39:16,320 --> 00:39:20,680 Speaker 4: about market resiliency, it's about investor protection. It's a very 778 00:39:20,680 --> 00:39:23,960 Speaker 4: different system. So staying true to what has worked for 779 00:39:24,040 --> 00:39:26,360 Speaker 4: us would be great, and I think that was a 780 00:39:26,400 --> 00:39:29,560 Speaker 4: topic that was also discussed pretty at length actually in 781 00:39:29,560 --> 00:39:30,799 Speaker 4: the conference that you and I were at. 782 00:39:30,920 --> 00:39:34,600 Speaker 2: Eric, Yeah, ESGQ up a lot, and part of the 783 00:39:34,640 --> 00:39:39,120 Speaker 2: Europe US gap, I think also is here we were 784 00:39:39,160 --> 00:39:42,279 Speaker 2: told to we plan for own retirements. We have for 785 00:39:42,400 --> 00:39:45,520 Speaker 2: one case we become fund investors. We don't really assume 786 00:39:45,520 --> 00:39:47,319 Speaker 2: the government's going to bail us out or not bail 787 00:39:47,400 --> 00:39:49,480 Speaker 2: us out, but like hook us up for retirement. Maybe we' 788 00:39:49,480 --> 00:39:51,600 Speaker 2: get a little from SOB security in Europe. I don't 789 00:39:51,600 --> 00:39:54,520 Speaker 2: think they're as tuned in. And also in Europe you 790 00:39:54,520 --> 00:39:56,960 Speaker 2: don't have any like Amazons and Tesla's that you really 791 00:39:57,000 --> 00:39:59,440 Speaker 2: want to capture in your portfolio, so they can screen 792 00:39:59,440 --> 00:40:01,439 Speaker 2: stuff out with little less worried they're going to miss 793 00:40:01,440 --> 00:40:03,359 Speaker 2: out on returns. So I do think there's a couple 794 00:40:03,600 --> 00:40:06,280 Speaker 2: issues in Europe that I agree with you. It's not America. 795 00:40:06,360 --> 00:40:10,680 Speaker 2: This is a different system here, ESG. The term I 796 00:40:10,719 --> 00:40:13,120 Speaker 2: agree it's I say it's got baggage. You know, it's 797 00:40:13,120 --> 00:40:15,920 Speaker 2: got so much baggage it's become a political football. But 798 00:40:16,000 --> 00:40:18,560 Speaker 2: like I was at a panel at inside ETFs two 799 00:40:18,600 --> 00:40:21,200 Speaker 2: months ago and someone was like, we need to have 800 00:40:21,280 --> 00:40:23,840 Speaker 2: someone sort of like unify, be like, look, none of 801 00:40:23,920 --> 00:40:26,279 Speaker 2: us want polluted rivers, right, we all agree, Like there's 802 00:40:26,320 --> 00:40:30,399 Speaker 2: definitely some common ground on ESG and the haters. Maybe 803 00:40:30,440 --> 00:40:33,279 Speaker 2: not everything, but the term itself has become like it's 804 00:40:33,280 --> 00:40:36,600 Speaker 2: just you just go. It gets polarized and it's over. 805 00:40:36,680 --> 00:40:39,360 Speaker 2: So I agree with basically both of those points. 806 00:40:40,040 --> 00:40:42,880 Speaker 1: Okay. AI was another topic that came up at the conference, 807 00:40:42,920 --> 00:40:47,600 Speaker 1: And I'm curious, how concerned about AI are you? 808 00:40:51,520 --> 00:40:53,719 Speaker 4: I'm I'm I'm a middle aged woman, so AI is 809 00:40:53,920 --> 00:40:58,760 Speaker 4: really above my level of understanding. I have a college, 810 00:40:59,040 --> 00:41:02,239 Speaker 4: you know, kid who's studying computer science, so hopefully he'll 811 00:41:02,239 --> 00:41:03,200 Speaker 4: explain it to me one day. 812 00:41:04,120 --> 00:41:06,600 Speaker 3: Look, AI is, it's it's novel. 813 00:41:06,880 --> 00:41:12,160 Speaker 4: It's we're seeing it in so many different spaces, you know. 814 00:41:12,440 --> 00:41:15,200 Speaker 4: Cher Gensler raised it during the conference. Is something that 815 00:41:15,239 --> 00:41:18,200 Speaker 4: you know, he is he is looking at, which I 816 00:41:18,200 --> 00:41:21,360 Speaker 4: can understand when it's something that could fundamentally alter pieces 817 00:41:21,400 --> 00:41:22,520 Speaker 4: of the market ecosystem. 818 00:41:22,520 --> 00:41:23,400 Speaker 3: I think I understand it. 819 00:41:23,520 --> 00:41:25,040 Speaker 1: I mean he said it would could be bigger than 820 00:41:25,040 --> 00:41:26,200 Speaker 1: the internet, right, yeah, he was. 821 00:41:26,719 --> 00:41:28,480 Speaker 2: I was blown away. He was sort of it could 822 00:41:28,480 --> 00:41:30,359 Speaker 2: be bigger than the Internet, and he had all kinds 823 00:41:30,400 --> 00:41:32,560 Speaker 2: of h had a task for us already going out 824 00:41:32,600 --> 00:41:35,480 Speaker 2: looking at it. And this is just when I was 825 00:41:35,520 --> 00:41:38,799 Speaker 2: breaking in the press. But I get skeptical of these 826 00:41:39,040 --> 00:41:40,480 Speaker 2: things that get hyped so quickly. 827 00:41:41,800 --> 00:41:43,920 Speaker 4: You know, I just let the market do its thing. 828 00:41:44,320 --> 00:41:47,960 Speaker 4: But I think for me, it's really interesting when you 829 00:41:48,040 --> 00:41:51,719 Speaker 4: have a focus on AI when we are in technology 830 00:41:51,760 --> 00:41:54,120 Speaker 4: minus one oh one. In some cases here in asset 831 00:41:54,160 --> 00:41:57,799 Speaker 4: management space, we are still sort of talking about whether 832 00:41:57,840 --> 00:42:00,919 Speaker 4: we should be allowing E delivery, So we're not even 833 00:42:00,920 --> 00:42:05,720 Speaker 4: Internet stage, right, you know, before we talk about a AI, 834 00:42:06,160 --> 00:42:08,759 Speaker 4: I think there's some pieces of technological innovation that could 835 00:42:08,800 --> 00:42:12,319 Speaker 4: really help investors, For example, if they can get their 836 00:42:12,400 --> 00:42:15,920 Speaker 4: fun documents in a user friendly way in an app 837 00:42:16,320 --> 00:42:19,319 Speaker 4: ninn PDF by the way, if we can even get 838 00:42:19,360 --> 00:42:22,600 Speaker 4: to that. But we are like talking about AI when 839 00:42:22,600 --> 00:42:26,760 Speaker 4: we're just honestly, we still are talking PDFs, some paper 840 00:42:26,880 --> 00:42:27,560 Speaker 4: tax machines. 841 00:42:27,719 --> 00:42:30,560 Speaker 2: It's like that playoffs. Yeah, let's just handle the regular 842 00:42:30,600 --> 00:42:31,160 Speaker 2: season first. 843 00:42:32,600 --> 00:42:36,239 Speaker 3: Yeah, we're not even overtime yet, right, I mean it's minus. 844 00:42:36,360 --> 00:42:38,799 Speaker 2: It's week four, all right, let's just playoffs. Let's just 845 00:42:38,800 --> 00:42:39,400 Speaker 2: put that back. 846 00:42:39,960 --> 00:42:43,600 Speaker 1: So I'm curious. You have a new new job, Sullivan 847 00:42:43,600 --> 00:42:44,560 Speaker 1: and Cromwell, What are you doing. 848 00:42:45,880 --> 00:42:49,880 Speaker 4: I'm a lawyer first and foremost, about twenty five years now, 849 00:42:49,920 --> 00:42:54,000 Speaker 4: almost out of law school, and I'm really really excited 850 00:42:54,080 --> 00:42:58,000 Speaker 4: about joining and Cromwell because with the roster of incredible 851 00:42:58,040 --> 00:43:01,319 Speaker 4: clients and incredible talented attorney, I'll be working with my 852 00:43:01,400 --> 00:43:04,520 Speaker 4: partners and and everybody else that makes ab solved and Cromwell, 853 00:43:05,360 --> 00:43:07,160 Speaker 4: you know, to be at the front edge of like 854 00:43:07,200 --> 00:43:12,120 Speaker 4: cutting innovation, you know, big regutatory questions and helping asset 855 00:43:12,160 --> 00:43:16,040 Speaker 4: management through that. That's something that really excites me. So 856 00:43:16,080 --> 00:43:17,200 Speaker 4: I'm really looking forward to that. 857 00:43:17,920 --> 00:43:20,080 Speaker 1: So if you never found yourself doing another tour of 858 00:43:20,160 --> 00:43:23,279 Speaker 1: duty at the SEC and I mean head of AI, 859 00:43:23,520 --> 00:43:26,480 Speaker 1: yeah there's one. I mean you have a consultant in 860 00:43:26,520 --> 00:43:29,360 Speaker 1: your in your sound. I think by that point, what 861 00:43:29,600 --> 00:43:31,360 Speaker 1: would make you lose sleep? 862 00:43:31,920 --> 00:43:32,840 Speaker 3: That's a great question. 863 00:43:33,160 --> 00:43:35,440 Speaker 4: Uh. But by the way, I've done three So that's 864 00:43:35,480 --> 00:43:38,680 Speaker 4: more than enough for any for any for any lifetime. 865 00:43:39,120 --> 00:43:42,840 Speaker 4: You know, I've never approached it that way. I've always 866 00:43:43,320 --> 00:43:47,359 Speaker 4: approached it with this isn't especially I'm just talking about 867 00:43:47,400 --> 00:43:50,719 Speaker 4: the industry that i've sort of when I when I regulated, 868 00:43:50,960 --> 00:43:52,640 Speaker 4: that was the only industry I regulated. It was always 869 00:43:52,640 --> 00:43:56,800 Speaker 4: investment management. It's an industry that prides itself on regulation. 870 00:43:57,719 --> 00:44:00,480 Speaker 4: They actually very few people know this, but the nineteen 871 00:44:00,520 --> 00:44:03,960 Speaker 4: forty Act, unlike the other federal Securities Acts, the industry 872 00:44:04,120 --> 00:44:07,440 Speaker 4: was part of drafting it. They actually sat there with 873 00:44:07,560 --> 00:44:10,680 Speaker 4: the Congress and the SEC in drafting it. They asked 874 00:44:10,680 --> 00:44:13,080 Speaker 4: in some cases for more onerous provisions and what the 875 00:44:13,120 --> 00:44:16,680 Speaker 4: sec was recommending to Congress. So the industry prides itself 876 00:44:16,719 --> 00:44:21,600 Speaker 4: on its history of participating in being part of the 877 00:44:21,840 --> 00:44:25,240 Speaker 4: foundation for regulating itself and being a regulator. And frankly, 878 00:44:25,239 --> 00:44:27,480 Speaker 4: the industry is what it is today that you know, 879 00:44:27,520 --> 00:44:31,279 Speaker 4: it's it's thriving, it's big, it's growing, it's it's the 880 00:44:31,320 --> 00:44:34,000 Speaker 4: biggest part of financial services. The asset management industry is 881 00:44:34,000 --> 00:44:37,600 Speaker 4: bigger than insurance, bigger than banking. Because of that, you know, 882 00:44:38,480 --> 00:44:41,400 Speaker 4: it's just it's you know, I think it's a great industry. So, 883 00:44:42,000 --> 00:44:44,759 Speaker 4: you know, for me, I don't always think about the 884 00:44:44,800 --> 00:44:48,440 Speaker 4: lowest common denominator. I don't always think that regulation should 885 00:44:48,520 --> 00:44:52,040 Speaker 4: be at that level. I think about how to make 886 00:44:52,080 --> 00:44:54,439 Speaker 4: sure that we meet those things that make the US 887 00:44:54,480 --> 00:44:57,360 Speaker 4: capital markets, you know what they are, and continue thriving, 888 00:44:57,360 --> 00:45:01,640 Speaker 4: which is the full fair disclosure, making accessible, making sure 889 00:45:01,680 --> 00:45:05,880 Speaker 4: any innovation happens with the parameters of market resiliency, investor protection, 890 00:45:06,880 --> 00:45:09,640 Speaker 4: but not losing sight of the fact that we have 891 00:45:09,680 --> 00:45:12,840 Speaker 4: a really strong resilient market and an industry that actually 892 00:45:13,080 --> 00:45:15,840 Speaker 4: wants to be regulated and is happy being regulated, and 893 00:45:15,880 --> 00:45:17,960 Speaker 4: for the most part, they do what's right. 894 00:45:19,440 --> 00:45:22,560 Speaker 1: Okay. Sometimes we asked a question, we think this will 895 00:45:22,600 --> 00:45:22,799 Speaker 1: be good. 896 00:45:22,840 --> 00:45:24,600 Speaker 2: I'm curious what your answer is going. 897 00:45:24,520 --> 00:45:28,040 Speaker 1: To be a favorite ticker other than your own, which 898 00:45:28,080 --> 00:45:29,880 Speaker 1: I would say, you know, you've worked a couple of 899 00:45:29,920 --> 00:45:33,960 Speaker 1: places that maybe you shouldn't be able to recommend something from. 900 00:45:34,160 --> 00:45:37,640 Speaker 4: So Eric, you mentioned inside ETFs the very first, and 901 00:45:37,680 --> 00:45:40,960 Speaker 4: I think may have been unfortunate, the only inside ETFs conference. 902 00:45:41,200 --> 00:45:43,799 Speaker 4: Loved the conference by the way that I attended. There 903 00:45:43,920 --> 00:45:47,440 Speaker 4: was a presentation where everybody got on stage in a 904 00:45:47,560 --> 00:45:50,080 Speaker 4: pink T shirt with the word she on it. 905 00:45:50,680 --> 00:45:51,120 Speaker 1: Oh yeah. 906 00:45:51,160 --> 00:45:52,279 Speaker 2: Tom Lyden led that. 907 00:45:52,280 --> 00:45:55,640 Speaker 3: Charge I have that I have that T shirt. Yeah. 908 00:45:55,680 --> 00:45:58,120 Speaker 3: So I would say that that's that. That ticker was 909 00:45:58,200 --> 00:45:58,640 Speaker 3: pretty good. 910 00:45:58,680 --> 00:45:59,120 Speaker 1: Good one. 911 00:45:59,320 --> 00:46:01,719 Speaker 2: That's good. That's a good answer and with with a 912 00:46:01,760 --> 00:46:04,880 Speaker 2: little narrative memory attached to it. Very good. Some people 913 00:46:04,880 --> 00:46:08,439 Speaker 2: struggle with that question, especially people who work at issue. 914 00:46:08,560 --> 00:46:09,319 Speaker 1: She's hard for them to. 915 00:46:10,120 --> 00:46:11,759 Speaker 4: But if I could come up with a ticket from 916 00:46:11,800 --> 00:46:14,400 Speaker 4: myself many. 917 00:46:13,600 --> 00:46:14,160 Speaker 3: That would be good. 918 00:46:14,320 --> 00:46:16,480 Speaker 1: You can keep that to yourself, you know, you might 919 00:46:16,600 --> 00:46:19,720 Speaker 1: find yourself in u you know, in the market again sometime. 920 00:46:20,080 --> 00:46:22,200 Speaker 1: All right, Dlia Blast, thanks so much for joining us 921 00:46:22,200 --> 00:46:28,960 Speaker 1: on Trillions. Thank you for having me, Thanks for listening 922 00:46:28,960 --> 00:46:31,520 Speaker 1: to Trillions until next time. You can find us on 923 00:46:31,520 --> 00:46:36,680 Speaker 1: the Bloomberg Terminal, Bloomberg dot com, Apple Podcasts, Spotify, or 924 00:46:36,719 --> 00:46:39,200 Speaker 1: wherever else you'd like to listen. We'd love to hear 925 00:46:39,239 --> 00:46:42,439 Speaker 1: from you. We're on Twitter. I'm at Joel Webbers Show. 926 00:46:42,840 --> 00:46:47,480 Speaker 1: He's at Eric Baulchness. This episode of Trillions was produced 927 00:46:47,480 --> 00:46:55,560 Speaker 1: by Magnus Hendrickson. Bye