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Registered Investment Advisors

Seward & Kissel LLP

90-Day Warning: Regulation S-P Amendments Compliance Deadline Approaching for Smaller Entities

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On May 15, 2024, the SEC adopted amendments to Regulation S‑P, adding new obligations for registered investment advisers, investment companies, broker‑dealers (including funding portals), and transfer agents. ERAs and private...more

Morrison & Foerster LLP

March 2026 Investment Adviser Compliance Checklist

The Investment Advisers Act of 1940 (the “Advisers Act”) is a relatively compact statute, and for many years the U.S. Securities and Exchange Commission (SEC) adopted relatively few regulations specifically targeting Advisers...more

Seward & Kissel LLP

FINRA Proposes Amendment to Permit Performance Projections and Targeted Returns in Broker Dealer Communications

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On February 10, 2026, the Financial Industry Regulatory Authority, Inc. (“FINRA”) proposed amendments to FINRA Rule 2210 (Communications with the Public) that would permit member broker‑dealers to include performance...more

Baker Donelson

Regulation S-P: June 3, 2026 Compliance Deadline for Smaller Investment Advisers

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With the June 3, 2026 compliance deadline approaching, registered investment advisers with less than $1.5 billion in assets under management should be taking steps now to ensure they can meet the SEC’s amended requirements...more

Troutman Pepper Locke

Investment Management Update – Q4 2025

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On September 30, 2025, the Office of the Chief Counsel of the Securities and Exchange Commission’s (SEC) Division of Investment Management (the Division) issued a no-action response (the No-Action Letter) stating that it...more

The Volkov Law Group

When Conflicts Become Compliance Crises: SEC and DOJ Enforcement Lessons from the Real World

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Conflicts of interest are often treated as abstract compliance risks—acknowledged in policies, disclosed in annual questionnaires, and rarely revisited unless a problem surfaces....more

Ropes & Gray LLP

FINRA Proposes Rule Change to Permit Projections of Performance and Targeted Returns in Member Communications

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The Financial Industry Regulatory Authority, Inc. (“FINRA”) has proposed changes to FINRA Rule 2210 (Communications with the Public) that would permit FINRA member broker-dealers to include performance projections and...more

Holtzman Vogel Baran Torchinsky & Josefiak

Protecting Your Organization in an Election Year

As the 2026 midterm election season gets underway, organizations that engage in political activity or government affairs should take stock of where they stand. The start of a new year is an ideal time to review policies,...more

Tannenbaum Helpern

CFTC Provides Interim Relief from Commodity Pool Operator Registration to Certain Investment Advisors

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On December 19, 2025, the Market Participants Division (“MPD”) of the Commodities Futures Trading Commission (“CFTC”) issued No-Action Letter No. 25-50, granting interim relief for certain commodity pool operators (“CPOs”)...more

McDermott Will & Schulte

SEC targets investment advisory agreements in recent enforcement settlement

On January 20, 2026, the US Securities and Exchange Commission (SEC) announced settled charges against two related registered investment advisers for alleged deficiencies in their investment advisory agreements relating to...more

K&L Gates LLP

United States: New Year, New Marketing Rule FAQs

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On 15 January 2026, the SEC staff released two new FAQs addressing issues arising under Advisers Act Rule 206(4)-1 (the Marketing Rule). ...more

Eversheds Sutherland (US) LLP

SEC Proposes Significant Changes To “Small Business” And “Small Organization” Definitions

Proposed amendments would significantly expand small entity thresholds and introduce automatic inflation adjustments. On January 7, 2026, the US Securities and Exchange Commission (SEC) proposed amendments (Proposal) to...more

Adams & Reese

SEC Proposes to Modernize "Small Entity" Definitions for Funds and Advisers

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What you need to do: Identify whether your fund family is at or below ~$10 billion in aggregate net assets and whether your advisory business is under $1 billion regulatory assets under management (“RAUM”); confirm Form N-CEN...more

Goodwin

AI Risk Meets Cyber Governance: NIST’s Draft Cyber AI Profile

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On December 16, 2025, the National Institute of Standards and Technology (“NIST”), a non-regulatory federal agency within the U.S. Department of Commerce that promotes innovation through technical standards setting, released...more

Akin Gump Strauss Hauer & Feld LLP

Hedge Clauses in Focus: The SEC Charges an Investment Adviser with Four Advisers Act Violations

The SEC charged the Advisers with four separate violations of the Investment Advisers Act of 1940 (the Advisers Act). Combined, the Advisers were described as having approximately $500 million in regulatory assets under...more

Mayer Brown

SEC Staff Publishes New Marketing Rule FAQs

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On January 15, 2026, the staff of the Division of Investment Management (the “staff”) of the Securities and Exchange Commission (the “SEC”) updated its Marketing Compliance-Frequently Asked Questions (“FAQs”) to include two...more

Morgan Lewis

CFTC Reinstates CPO and CTA Registration Relief Related to QEPs

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The US Commodity Futures Trading Commission (CFTC) has issued a no-action letter to provisionally relieve a type of private fund manager registered with the US Securities and Exchange Commission (SEC) as an investment adviser...more

DarrowEverett LLP

Qualified Clients, Accredited Investors, and Performance Fees in Private Funds

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For fund managers, general partners, and sponsors operating private investment vehicles, understanding the regulatory framework governing performance-based compensation is essential....more

Katten Muchin Rosenman LLP

Marketing Rule Relief for Investment Advisers: SEC Staff Clarifies Flexibility on Model Fees and SRO Disqualifying Events

On January 15, Staff from the Securities and Exchange Commission (SEC) published two new frequently asked questions (FAQs) related to the Marketing Rule under Investment Advisers Act Rule 206(4)-1. The new FAQs underscore the...more

Seward & Kissel LLP

Revisiting RIA Proxy Voting Responsibilities

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The Director of the Securities Exchange Commission (“SEC”) Division of Investment Management (the “Director”) gave remarks this month regarding registered investment advisers (“RIAs”) and their proxy voting responsibilities...more

Carlton Fields

The SEC and Fixed Indexed Annuities: Regulation by Enforcement Is Alive and Well

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Notwithstanding the SEC’s recently publicized shift away from “regulation by enforcement,” the practice appears alive and well when it comes to fixed indexed annuities (FIAs). In particular, the SEC’s continuing litigation in...more

McGuireWoods LLP

SEC Provides Additional Marketing Rule Flexibility With New FAQs

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On Jan. 15, 2026, the Staff of the Securities and Exchange Commission updated the FAQ page pertaining to Rule 206(4)-1 (the Marketing Rule) under the Investment Advisers Act of 1940. The updated guidance provides potential...more

Holland & Knight LLP

Once a Private Securities Transaction, Now an Outside Business Activity?

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The Financial Industry Regulatory Authority (FINRA) on January 14, 2026, filed a proposed rule change with the U.S. Securities and Exchange Commission (SEC) to adopt FINRA Rule 3290 (Outside Activities Requirements). The...more

BCLP

Back by Popular Demand: CFTC Staff Issues No-Action Letter Reviving QEP Exemption for Certain Private Fund Advisers

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In December 2025, the Staff of the U.S. Commodities Futures Trading Commission (“CFTC”) issued a no-action letter (the “Letter”) that effectively reinstates the former Rule 4.13(a)(4) exemption from registration as commodity...more

Katten Muchin Rosenman LLP

Confidential Treatment for Advisers Act Filings: Process Changes and Practical Takeaways

Investment advisers may request confidential treatment of certain information in Form ADV and other filings under the Investment Advisers Act of 1940 (Advisers Act), which currently only the Commission itself has the...more

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