News & Analysis as of

Investment Adviser Securities and Exchange Commission (SEC)

Eversheds Sutherland (US) LLP

SEC adopts amendments to Regulation NMS

Enhancing market efficiency, transparency, and investor protection - The US Securities and Exchange Commission (SEC) adopted amendments to Regulation National Market System (Regulation NMS or Reg NMS). Regulation NMS was...more

WilmerHale

The SEC Division of Examinations' Fiscal Year 2025 Priorities

WilmerHale on

On October 21, 2024, the Securities and Exchange Commission Division of Examinations published its examination priorities for fiscal year 2025.1 In this alert, we offer ten observations for broker-dealers. Our observations...more

K&L Gates LLP

SEC Says Crypto ETPs Are Exam Priority

K&L Gates LLP on

On 21 October 2024, the SEC’s Division of Examinations (Division) published its 2025 Examination Priorities (Priorities) to provide insight into what the Division plans to focus on in the 2025 fiscal year. In addition to...more

Patterson Belknap Webb & Tyler LLP

SEC Division of Examinations Announces 2025 Priorities

On October 21, 2024, the Securities and Exchange Commission (“SEC”)’s Division of Examinations (the “Division”) released its 2025 examination priorities....more

BCLP

SEC Division of Examinations publishes 2025 Examination Priorities

BCLP on

On October 21, 2024, the Division of Examinations (the “Division”) of the U.S. Securities and Exchange Commission (the “SEC”) published its annual Examination Priorities for 2025 (the “Exam Priorities”). Below is a...more

Katten Muchin Rosenman LLP

SEC Division of Examinations Publishes 2025 Priorities

On October 21, the Securities and Exchange Commission's (SEC) Division of Examinations (Division) published its examination priorities for its fiscal year 2025 (Oct. 1, 2024–Sept. 30, 2025). First published in 2013, the SEC's...more

Miller Canfield

SEC 2025 Examination Priorities for Registered Investment Advisers

Miller Canfield on

On October 21, 2024, the Securities and Exchange Commission’s Division of Examinations released its 2025 examination priorities. The examination priorities are published annually by the Division to inform investors and...more

Dechert LLP

2024 Election - Implications on Private Equity & Private Credit

Dechert LLP on

Potential Election Impacts on the Private Equity and Private Credit Sectors - While the 2024 election cycle may introduce temporary uncertainty, the convergence of positive economic trends such as waning inflation,...more

Foley & Lardner LLP

SEC’s Division of Examinations Releases Priorities for Fiscal Year 2025

Foley & Lardner LLP on

Last week, on October 21, 2024, the SEC’s Division of Examinations released its Examination Priorities report for fiscal year 2025 (found here). As we have seen with past annual reports, the Division intends to cover a broad...more

Dinsmore & Shohl LLP

Division of Examinations: SEC Fiscal Year 2025 Examination Priorities for Investment Advisers

Dinsmore & Shohl LLP on

On October 21, 2024, the Division of Examinations of the United States Securities and Exchange Commission (the “Division”) published the Fiscal Year 2025 Examination Priorities. In addition to investment advisers, the...more

Lowenstein Sandler LLP

When Two Become One: Navigating the Complexities of Operational Integration

Lowenstein Sandler LLP on

On September 20, 2024, the U.S. Securities and Exchange Commission (SEC) announced a settlement with an investment adviser for, among other things, failure to register with the SEC as an investment adviser. The SEC found that...more

Procopio, Cory, Hargreaves & Savitch LLP

What to Expect from the SEC’s Examination Focus in 2025

Investment advisers, broker-dealers, fund managers and other financial professionals could be impacted in 2025 by the U.S. Securities and Exchange Commission’s (SEC) continued focus on upcoming examinations, presenting a...more

Alston & Bird

SEC Fines Manager for Ineffective MNPI Controls While Serving on Ad Hoc Creditor Committee

Alston & Bird on

Our Investment Funds and White Collar, Government & Internal Investigations Groups examine a recent Securities and Exchange Commission enforcement order involving control of inside information....more

Cozen O'Connor

Navigating the Future: Key Takeaways & Insights from the 2024 Securities Enforcement Forum Central

Cozen O'Connor on

One of the concerns following the Supreme Court’s ruling in SEC v. Jarkesy was that other agencies may face similar collateral attacks to its administrative proceedings. While the full impact of Jarkesy remains an open...more

UB Greensfelder LLP

More FINRA Exam Tricks: Weaponizing The Wells Notice

UB Greensfelder LLP on

While it is pretty likely that anyone reading this is already familiar with the Wells process, I am going to start with a short history lesson. Way back in 1972, the SEC created an Advisory Committee to take an objective look...more

Jones Day

SEC's and Private Litigants' Continued Focus on "AI Washing"

Jones Day on

On September 4, 2024, U.S. Securities and Exchange Commission ("SEC") Chair Gary Gensler reiterated concerns about artificial intelligence-related ("AI") disclosures and the need for companies to communicate accurately about...more

K2 Integrity

Implementing FinCEN Final Rule Imposing Anti-Money Laundering Requirements On Investment Advisers

K2 Integrity on

On 28 August 2024, the Financial Crimes Enforcement Network (FinCEN) issued its Final Rulemaking to include certain investment advisers in the definition of a “financial institution” under the Bank Secrecy Act (BSA). The...more

Kohn, Kohn & Colapinto LLP

SEC’s 2025 Examination Priorities Signal Key Areas of Interest to Whistleblowers

On October 21, the U.S. Securities and Exchange Commission (SEC) Division of Examinations published its 2025 Examination Priorities, outlining the main areas of interest for the Division in its examinations of regulated...more

Snell & Wilmer

SEC Division of Examinations Priorities for 2025: Examinations Will Prioritize New Rules for Form PF and Regulation S-P, Fiduciary...

Snell & Wilmer on

On October 21, 2024, the Division of Examinations (the “Division”) of the U.S. Securities and Exchange Commission (the “SEC”) issued its annual examination priorities for fiscal year 2025. As with its 2024 examination...more

Mintz

SEC Fines Investment Adviser $4 Million for Improper Labeling of ESG Funds

Mintz on

On October 21, 2024, the SEC imposed a fine of $4 million on investment adviser WisdomTree Asset Management Inc. for improperly labeling certain funds as compliant with ESG principles. According to the settled administrative...more

K&L Gates LLP

SEC's Division of Examinations Halloween Treat–2025 Priorities

K&L Gates LLP on

In order to discourage investment advisers, broker-dealers and investment companies from engaging in any “tricks,” the SEC’s Division of Examinations has published a treat, in the form of its 2025 Examination Priorities (the...more

Dechert LLP

Cash Sweep Programs Face Increasing Scrutiny from Regulators and Investors

Dechert LLP on

Recent months have seen a significant increase in litigation around, and regulatory scrutiny by the SEC and FINRA of, cash sweep programs offered to retail advisory clients and brokerage customers. Many of these...more

SEC Compliance Consultants, Inc. (SEC³)

A September Surprise: SEC Finds Gaps in MNPI Controls for CLO Manager

In the SEC’s burst of settlements at the end of its fiscal year, one case about the potential misuse of material nonpublic inside information (“MNPI”) shows just how far down in the weeds it is willing to go to prevent...more

Orrick, Herrington & Sutcliffe LLP

Investment advisory firm settles with SEC for alleged record-keeping violations and avoids civil penalty

Recently, the SEC announced charges and a settlement with a Texas-based registered investment adviser (the respondent) after finding that from at least May 2018 through October 2021, its personnel allegedly failed to follow...more

Cozen O'Connor

SEC Asserts Enforcement Authority for Inadequate 204A Policies and Procedures Despite No MNPI Misuse

Cozen O'Connor on

On August 26, 2024, it was not the first time the SEC settled charges with a Registered Investment Adviser (RIA) for willfully violating Section 204A of the Investment Advisers Act (204A) by failing to establish, maintain and...more

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