Fund Advertising

Major ETF Manager Pays $35 Million to Settle Performance Advertising Charges

A lie backed by an algorithm is still a lie.

Adviser Who Pursued Unsophisticated Investors Wasnt So Smart

Just because some prospective investors lack sophistication doesnt mean advisers will be successful in fraudulently enticing them. Its more likely that the SEC will answer that siren call.

Performance Falsification Case Raises Questions of Employee Responsibility

A complaint filed by the SEC against a hedge fund advisory firm raises questions of what employees of small firms can and should do to confront wrongdoing.

Ponzi Scheme Has Long Legs: Adviser Charged Five Years Later

Considering that a Ponzi scheme is literally built on nothing, its effects can last a long time.

SEC Keeps Target-Date Fund Marketing Rule Alive with Third Comment Period

The SEC is not giving up on adopting final rule amendments for target-date retirement fund marketing.

False Claims are Misleading Even When Published in Advisers Own Newsletter

A false claim is a false claim, wherever it is published.

SEC FAQ Raises Potential Bad Actor Rule Hurdle

Be careful what you ask for, you may not like the answer.

SEC Staff Warns Against Misleading Fund Names

Check your fund names. If you find the words “protected” or “guaranteed,” consider changing or removing them. SEC staff believes these words may mislead investors. “The staff has recently heightened its scrutiny of fund names suggesting safety or protection from loss and has determined to object to names that may create an impression of protection […]

Clover Capital Management Letter Plays Prominent Role in SEC Action

A firm with policies and procedures requiring compliance with a well-known SEC staff no-action letter found itself in trouble after SEC examiners alleged that the firm was not meeting those requirements.The SEC on October 23 filed an administrative order  against Modern Portfolio Management, an Ohio-based investment adviser. The order was one of three the SEC […]

SEC Extends Timeline as Comments on Reg D, Form D, Rule 156 Amendments Roll...

The SEC this week re-opened the comment period on the proposed amendments to Reg D, Form D and Rule 156. More than 480 comments are in so far, including from industry associations that are less than happy with some of the specific proposed amendments. The immediate net effect of the extended comment period is that […]

Audio Interviews

How to Read an SEC Enforcement Action

Stern Tannenbaum law firm partner Aegis Frumento on how to get the most from reading an SEC administrative order or court complaint.

Most Important Supreme Court Decisions for Advisers and Funds

Find out the high court decisions from recent years that are likely to affect how advisers and investment companies work from Debevoise partner Robert Kaplan. 

Top 10 Cybersecurity Steps to Take Now

Sutherland law firm partner Brian Rubin shares the most urgent cybersecurity steps for investment advisers.

Top Marketing Problems … and Solutions

Get solutions for the top marketing challenges that advisers face from ACA Compliance Group managing director Kimberly Daly

Watch Out for 5 Cybersecurity Myths

ACA Aponix Director Pascal Busnel on the most common cybersecurity myths that may cause firms to spend resources where they may not be needed.

The Hidden Costs of Non-Compliance

Proskauer law firm partner and former SEC Division of Investment Management deputy director Robert Plaze on why the costs of non-compliance go way beyond an SEC penalty.

CCO Liability: How to Protect Yourself

Find out from Blue Edge Capital CCO Margaret Fretz what chief compliance officers may be liable for and best practices to make sure you are protected.

Ethics or Compliance: Making the Choice

Find out the difference an ethics, rather than a compliance, perspective makes at an advisory firm from former Ethics and Compliance Officer Association COO Timothy Mazur.