On March 27, 2025, the Senate Banking Committee (Committee) held Paul Atkins’ confirmation hearing for Chairman of the U.S. Securities and Exchange Commission (SEC or Commission). Below are some highlights, observations, and...more
4/11/2025
/ Capital Markets ,
Corporate Governance ,
Cryptocurrency ,
Environmental Social & Governance (ESG) ,
Initial Public Offering (IPO) ,
Private Funds ,
Regulatory Reform ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Senate Confirmation Hearings
In the second part of this legal update series, we summarize the key takeaways from the Division of Examinations’ (Division) 2025 priorities report released on October 21, 2024. The Division remains focused on mainstays like...more
11/22/2024
/ Anti-Money Laundering ,
Artificial Intelligence ,
Bank Secrecy Act ,
Best Interest Standard ,
Broker-Dealer ,
Code of Conduct ,
Compliance ,
Cybersecurity ,
EFTs ,
Emerging Technology Companies ,
Fiduciary Duty ,
Initial Public Offering (IPO) ,
Investment Adviser ,
Investors ,
Popular ,
Private Funds ,
Registered Investment Advisors ,
Registered Investment Companies (RICs) ,
Regulation S-P ,
SBSD ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Security-Based Swaps
In a two-part legal update, we will discuss key information SEC registrants should know going into the upcoming review cycle conducted by the Division of Examinations (the Division). This first update attempts to demystify...more
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
10/25/2024
/ Administrative Proceedings ,
Cybersecurity ,
Enforcement ,
Enforcement Actions ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Insider Trading ,
Investment Adviser ,
Lucia v SEC ,
Recordkeeping Requirements ,
Regulation Best Interest ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Whistleblower Protection Policies
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
On June 5, 2024, the SEC's Division of Examinations (the Division) released a risk alert regarding the examination of broker-dealers. The alert acknowledges the diversity of the broker-dealer population in the marketplace...more
7/5/2024
/ Anti-Money Laundering ,
Books & Records ,
Broker-Dealer ,
Cryptocurrency ,
Disclosure Requirements ,
Investment Adviser ,
Marketing ,
Net Capital Rule ,
Popular ,
Registration Requirement ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC)
On June 27, 2024, the U.S. Supreme Court in SEC v. Jarkesy struck a major blow to the U.S. Securities and Exchange Commission’s enforcement powers by declaring as unconstitutional the SEC’s use of its in-house administrative...more
7/5/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Constitutional Challenges ,
Enforcement Actions ,
Jury Trial ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Seventh Amendment