On Feb. 25, 2022, the Securities and Exchange Commission (SEC) proposed several new rules with the goal of increasing transparency around short selling. Rule 13f-2 would require institutional investment managers (Managers)...more
The Securities and Exchange Commission (SEC) announced on Dec. 22, 2020, that it has finalized amendments to the current advertising rule (Rule 206(4)-1) and cash solicitation rule (Rule 206(4)-3) under the Investment...more
1/4/2021
/ Advertising ,
Endorsements ,
Financial Regulatory Reform ,
Financial Services Industry ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Management ,
Marketing ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Solicitation ,
Testimonial Statements
On November 23, 2020, the Second Circuit Court of Appeals issued an opinion by Judge Jon O. Newman in Packer v. Raging Capital Management, reversing a magistrate judge’s summary judgment order that had found Raging Capital...more
12/1/2020
/ 16(b) ,
Beneficial Owner ,
Disgorgement ,
Enforcement Actions ,
Hedge Funds ,
Investment Adviser ,
Ownership Interest ,
Securities Exchange Act ,
Securities Regulation ,
Short-Swing Trading ,
Stock Purchase Agreement
The Securities and Exchange Commission’s (SEC) Office of Compliance Inspections and Examinations (OCIE) has published a risk alert, warning SEC-registered investment advisers, brokers and dealers about the increasing use of...more
10/1/2020
/ Broker-Dealer ,
Cyber Attacks ,
Cybersecurity ,
Data Protection ,
Financial Institutions ,
Investment Adviser ,
OCIE ,
Regulation S-ID ,
Regulation S-P ,
Risk Alert ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
The Securities and Exchange Commission (SEC) has recently proposed to amend the reporting threshold and make certain other changes to Form 13F. It should be noted that this is the first time the reporting threshold would be...more
The Securities and Exchange Commission (the SEC) announced on Monday that it had voted to propose amendments to modernize Rule 206(4)-1 (which addresses investment adviser advertisements) (the Advertising Rule) and Rule...more
11/7/2019
/ Advertising ,
Cash Solicitation Rule ,
Comment Period ,
Disclosure Requirements ,
Form ADV ,
Investment Advisers Act of 1940 ,
Investment Management ,
No-Action Letters ,
Proposed Amendments ,
Regulatory Agenda ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Third-Party ,
Written Agreements
Amid increasing enforcement activity with respect to cryptocurrencies, coins and tokens, the SEC recently issued guidance intended to provide clarity to the markets. ...more
5/1/2019
/ Cryptocurrency ,
Digital Assets ,
Financial Instruments ,
Financial Transactions ,
FinHub ,
Initial Coin Offering (ICOs) ,
Investment Opportunities ,
No-Action Letters ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Token Sales
Faced with various compliance issues related to the ‘cash solicitation rule’, the Staff issued a risk alert to inform market participants and help advisers update their policies accordingly....more