Although we are certain that Shakespeare never had to deal with the vagaries of Regulation BI, we do, and, in a series of questions relating to Regulation BI, the SEC Staff made it abundantly clear that, if you are a broker-dealer and not also a registered investment adviser, you cannot use the term “adviser” or

In 2 separate actions, the SEC came down very hard on private equity/hedge funds regarding both disclosure and operational issues.  See https://www.sec.gov/enforce/ia-5478-s; and  https://www.sec.gov/enforce/ia-5485-s.

In the first action, a firm settled for $1 million because it allegedly mischaracterized its prior investments in its marketing materials.  This purported misrepresentation led to an over-statement of the fund’s

Join me, along with co-presenters Daniel Garrie of Law and Forensics and Jessica Friedman of JP Morgan Chase, for a recorded CLE webinar offering an update on the New York State Department of Financial Services’ cybersecurity regulations, which are designed to combat the growing threat cyber threats pose to information and financial systems. The regulations

Compliance personnel– especially, chief compliance officers– cannot ignore problems because, as one  SEC ALJ determined, it will lead to censure and fines for ignoring compliance obligations.  See    https://www.sec.gov/alj/aljdec/2020/id1400cff.pdf.

Apparently, for over 10 years, a registered investment advisor hired a series of unskilled CCOs, and ignored compliance and audit requirements.  The RIA tried to claim that

The SEC recently brought and settled an action against a former wannabe fund manager, who lied to prospective investors that he already had raised millions of dollars in the fund from other (fictitious) investors.  The fund manager was barred from the securities industry for 10 years.  See  https://www.sec.gov/litigation/litreleases/2020/lr24783.htm.

The SEC also claimed that the fund

Please join Fox Rothschild LLP’s Security Industry Group members, Patrick Egan and Chuck DeMonaco, for a timely discussion on insider trading and the effect of the pandemic on those investigations.  Kindly join us

It’s All in the Timing: Insider Trading Investigations and National Emergencies

Complimentary Webinar
Thursday, April 16, 2020 | 2 pm ET