[Webinar] SEC Spotlight: Off-Channel Communications and Recordkeeping

March 9th, 12:00 pm - 12:30 pm EST

Seward & Kissel LLP

March 9th, 2023
12:00 PM - 12:30 PM EST

During this 30-minute webinar, Seward & Kissel partners from the Firm’s Government Enforcement and Internal Investigations Group will discuss the SEC’s recent enforcement actions regarding recordkeeping failures related to employee use of personal devices. Panelists will discuss how these enforcement actions have set the stage for future regulatory expectations, how they translate to potential SEC scrutiny, and what clients should consider doing in order to mitigate any issues.

Attendees will have the opportunity to ask questions throughout the webinar.

Speakers:

Debra Franzese (moderator)

Debra Franzese (moderator)
Partner
Seward & Kissel

Debra is a partner in the Investment Management Group. She works with sponsors and managers of various private investment funds and other pooled investment vehicles, including hedge funds, private equity funds, funds of funds, commodity pools, co-investment vehicles and various “hybrid” funds. In particular, Debbie focuses on fund formation and structuring, the offering of interests by private investment funds, and the negotiation and documentation of such investments. She has significant experience advising clients regarding regulatory and compliance matters, including the availability of exemptions from registration for both U.S. and non-U.S. investment advisers, the development of compliance policies and procedures, the completion of regulatory filings, and assistance with regulatory examinations. Debbie was instrumental in the formation of the Firm’s ESG practice, spearheading a task force dedicated to staying at the forefront of the ESG factors affecting investment managers. Debbie received a B.A. from Stockton University, summa cum laude, and her J.D. from American University, Washington College of Law, magna cum laude.

Russell Johnston

Russell Johnston
Partner
Seward & Kissel

Russell Johnston is a partner in the Firm’s Government Enforcement and Internal Investigations Group. He focuses on internal investigations, regulatory inquiries, enforcement actions, and compliance counseling. As both a former Senior Counsel in FINRA’s Department of Enforcement and in private practice representing financial institutions and individuals, he’s worked extensively on matters addressing anti-money laundering, anti-corruption, economic sanctions, securities fraud, market manipulation, sales practice supervision, market regulation, and the use of crowdfunding and digital assets.He also advises multinational corporations, across a wide range of sectors, on complex financial crime compliance matters. In this field, he’s led worldwide internal investigations, assisted clients in cooperating with regulatory inquiries, conducted due diligence prior to M&A transactions, and prepared corporate officers for congressional hearings.

Philip Moustakis

Philip Moustakis
Partner
Seward & Kissel

Philip Moustakis is a partner in the Litigation group. Philip advises companies and individuals on SEC enforcement matters, other regulatory and criminal enforcement investigations, internal investigations, and digital assets. Philip has extensive experience with securities enforcement matters. For more than a decade prior to entering private practice, he served as senior counsel in the SEC’s Division of Enforcement, investigating and prosecuting complex matters involving violations of the federal securities laws. As a member of the SEC’s Asset Management Unit, Philip gained broad experience with matters involving investment advisers to private funds and mutual fund complexes, including matters involvingvaluation, market manipulation, style drift, undisclosed conflicts of interest, insider trading, whistleblowers, and supervisory and compliance failures.

Michael Watling

Michael Watling
Partner
Seward & Kissel

Michael Watling is a partner in the Firm’s Government Enforcement and Internal Investigations Group. He represents financial institutions and executives in regulatory enforcement and white-collar matters. Michael is an experienced trial lawyer, having served as both a federal prosecutor in the U.S. Department of Justice (DOJ) Tax Division and as Senior Litigation Counsel in the Enforcement Department of the Financial Industry Regulatory Authority (FINRA). In private practice Michael represents clients in both civil and criminal matters and in internal investigations involving a wide range of accounting, tax, and securities issues and regularly conducts due diligence on wealth management-related mergers and acquisitions. Michael has had significant success representing clients in litigation and during investigations, often resolving matters for clients without any enforcement action and achieving favorable verdicts and settlements once in litigation. Michael also provides compliance advice to a variety of financial services and fintech companies, particularly in areas concerning financial crimes and anti-money laundering compliance.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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