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DOJ & FBI Issue New Guidelines for Delayed Reporting of Cyber Incidents to the SEC

Under the Securities and Exchange Commission’s (SEC) new Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure rule (cybersecurity rule), public companies subject to the cybersecurity rule must promptly...more

SEC Adopts Amendments to the Investment Company Names Rule

On September 20, 2023, during its first in-person open meeting since the COVID-19 pandemic, the U.S. Securities and Exchange Commission (SEC) adopted amendments (the Amendments) to the Names Rule under Section 35(d) of the...more

The SEC’s Intensified Scrutiny of Off-Channel Communications at Registered Firms

Besides traditional means of communication, financial services companies communicate with their stakeholders through off-channel channels like social media, instant messaging, email, and other digital platforms. The...more

SEC Adopts Significant New Changes for Private Fund Advisers

On August 23, 2023, by a vote of three-to-two, the U.S. Securities and Exchange Commission (SEC) approved changes under the Investment Advisers Act of 1940 (the Advisers Act) that will substantially impact private fund...more

Republican State Attorneys General Target Mutual Fund Directors Concerning Mutual Fund Adviser ESG Activities

In recent times, the focus on environmental, social and governance (ESG) investments has grown significantly. As investment decisions are increasingly aligned with ethical principles and sustainable values, the scrutiny of...more

SEC Examinations Division Issues Risk Alert on Safeguarding Customer Records and Information at Branch Offices

The Securities and Exchange Commission (SEC) recently issued a risk alert focusing on the safeguarding of customer records and information at branch offices of registered investment advisers (RIAs) and broker-dealers. This...more

Key Compliance Issues and Remedial Actions in SEC Action Against Leading Robo-Adviser

The Securities and Exchange Commission (SEC) recently charged Betterment, a leading robo-adviser, for making misstatements regarding its automated tax loss harvesting service (TLH). Betterment allegedly misled investors about...more

ESG: Growing Government Action Requires a Thoughtful Approach

Environmental, social and governance — or ESG — has become increasingly popular as more investors and customers seek to align their investments with their values, and agnostic investors seek to capitalize on the trend. But,...more

SEC Proposes ESG Disclosure Requirements for Investment Advisers

In a three-to-one vote on May 25, 2022, the U.S. Securities and Exchange Commission (SEC) issued proposed amendments to rules and reporting forms that would require registered investment advisers — including private fund...more

SEC Proposes ESG Disclosure Requirements for Investment Companies to Combat Greenwashing

In a three-to-one vote on May 25, 2022, the U.S. Securities and Exchange Commission ( SEC) proposed amendments to rules and reporting forms under the Investment Company Act of 1940 that would require registered investment...more

SEC Proposes Amendments to the Investment Company Names Rule

In a three-to-one vote on May 25, 2022, the U.S. Securities and Exchange Commission (the SEC) proposed amendments (the amendments) to Rule 35d-1 (the Names Rule) under Section 35(d) of the Investment Company Act of 1940, as...more

SEC Proposes Rules for ESG Disclosures and Amendments to the Investment Company Names Rule

In a three-to-one vote on May 25, 2022, the U.S. Securities and Exchange Commission (SEC) proposed two rules. The proposed rules for environmental, social and governance (ESG) disclosure would amend rules and forms to require...more

SEC Issues Risk Alert on Investment Adviser MNPI Compliance Issues

On April 26, 2022, the U.S. Securities and Exchange Commission’s (SEC) Division of Examinations (EXAMS) outlined compliance deficiencies concerning Section 204A of the Investment Advisers Act of 1940 (the Act) in a risk...more

Proposed Climate Disclosure Rules for Public Companies

On March 21, 2022, the Securities and Exchange Commission (SEC) issued highly anticipated proposed rules that would require public companies to include climate-related disclosures in their annual reports and registration...more

SEC Proposes New Rules and Amendments for Private Fund Advisers

The proposal would prohibit all private fund advisers from engaging in certain activities, place certain obligations on registered private fund advisers, and require all registered advisers to document the annual review of...more

SEC Proposes New Cybersecurity Risk Management Rules for Registered Investment Advisers, Registered Investment Companies and...

On February 9, 2022, the U.S. Securities and Exchange Commission (SEC) voted to propose cybersecurity rules applicable to investment advisers and registered investment companies, including business development companies. If...more

SEC Proposes Amendments to Form PF

On January 26, 2022, the U.S. Securities and Exchange Commission (SEC) issued proposed amendments to Form PF, which is the confidential reporting form for certain registered investment advisers to private funds. The proposed...more

SEC’s Division of Examination Risk Alert Highlights Additional Risk Areas for Private Funds

On January 27, 2022, the U.S. Securities and Exchange Commission’s (SEC) Division of Examinations (SEC Exams) issued a risk alert regarding private funds to “assist private fund advisers in reviewing and enhancing their...more

SEC Highlights New Risks for Mutual Funds and ETFs

On October 26, 2021, the U.S. Securities and Exchange Commission’s Division of Examinations (Exams) issued a Risk Alert regarding mutual funds and exchange-traded funds intended to "highlight risk areas and assist funds and...more

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