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SEC Staff Provides Additional Guidance on Verification Requirement for 506(c) Offerings

On March 12, 2025, the SEC’s Division of Corporation Finance issued guidance affirming that issuers in a 506(c) offering could reasonably be considered to have properly "verified" an investor's accredited status based simply...more

Form D-elay: Shift in Enforcement?

Securities issuers and their counsel have historically relied on the fact that the SEC has not pursued enforcement actions against issuers that have not filed, or been delayed in filing, a Form D in connection with offerings...more

Alabama Private Fund Advisers: Time to Become Less Private

The Alabama Securities Commission recently issued an Order exempting Alabama based investment advisers to “private funds” from the requirement to register as investment advisers with the ASC....more

SEC Updates Internet Adviser Exemption

The U.S. Securities and Exchange Commission has adopted amendments to the increasingly utilized “internet adviser exemption.” The exemption, originally adopted in 2002, has fostered the utilization of digital platforms for...more

FINRA Eyes Crypto Asset Communications

The Financial Regulatory Authority (FINRA) recently identified the “initial themes” observed in a targeted examination of retail communications by member firms with respect to crypto assets. The headline grabbing statistic:...more

No Longer Hypothetical: SEC Marketing Rule Enforcement is Here

Less than one year after the implementation deadline of the SEC’s amendments to Advisers Act Rule 206(4)-1 (the Marketing Rule), the SEC announced a series of enforcement actions involving alleged violations of the Marketing...more

Regulation BI: Key Perspectives from Recent Report by State Regulators

The North American Securities Administrators Association (NASAA) recently released a report prepared by its Broker-Dealer Section Committee (Committee) presenting the findings of Phase II (B) of its National Examination...more

D.C. Circuit Court Upholds Injunction Against FINRA Expulsion

Last week the full D.C. Circuit Court declined a request by the Financial Regulatory Authority (FINRA) to rehear arguments as to whether FINRA should be enjoined on an emergency basis from expelling a broker-dealer from the...more

SEC Publishes Risk Alert Highlighting Deficiencies Observed During Regulation Best Interest Examinations of Broker-Dealers

It should come as no surprise to financial industry participants that the first Risk Alert published by the SEC’s Division of Examinations (the “Division”) in 2023 relates to Regulation Best Interest (“Reg BI”). The Risk...more

FINRA’s 2023 Report Increases Attention for Anti-Money Laundering Regulations

On Jan. 10, 2023 the Financial Industry Regulatory Authority (FINRA) published its 2023 Report on the Examination and Risk Monitoring Program. This year, for the first time, FINRA introduced a financial crimes section in the...more

SEC Risk Alert - Examinations Focused on the New Investment Adviser Marketing Rule

No later than November 4, 2022, investment advisers must have implemented measures necessary to comply with the amended Advisers Act Rule 206(4)-1(i.e., the “Marketing Rule”). Recently, the SEC’s Division of Examinations...more

Expungement in the States’ Crosshairs

State securities regulators have long expressed reservations about the use of the expungement remedy. Recently, we have observed a marked increase in the use of alternative (read: aggressive) efforts by states to impact the...more

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