Legal Risk Management Tips
Strategic Defense Approach to SEC or FINRA Enforcement Actions
There are several approaches a firm can take if they are faced with an investigation or potential enforcement action for failing to meet regulatory requirements. A firm’s approach to allegations or enforcement actions will depend heavily on their existing compliance culture, their history of documentation and recordkeeping, and their ability to demonstrate their commitment to compliance. … Read More
Risk Mitigation: “Charging Order” Protection When Forming LLCs for Business Purposes
Structuring a business strategically plays a major role in optimizing benefits and in protecting the business from potential issues. Another important facet of strategically structuring a business is to plan for the unexpected and put in place safety nets and contingency plans in the event of a business threat. This is the core principle of risk mitigation. What happens if a business owner is unable or unwilling to pay off a personal debt? Can creditors come after their business assets? It depends.… Read More
Leadership Succession Planning is a Must for Risk Mitigation
Succession planning is an integral part of any business’s long-term objectives toward continuity. It is important to have a comprehensive, frequently reviewed, and updated plan that lays the blueprint for what happens when the head of a business or other key members of the organization are on a planned or unexpected leave of absence. Businesses that do not have a succession plan could face many challenges, especially if the departure of the owner is unexpected. However, for small to midsized firms, the challenges could be crippling. … Read More
Cybersecurity: Attacks, Risk Mitigation, and Regulatory Compliance
In an increasingly digital world, where financial transactions and sensitive information are often stored and transmitted electronically, investment advisers face a growing threat from cyber-attacks. The financial sector is a hot bed of sensitive personal and financial data making it a magnet for cybercriminals. … Read More
Industry Publications
How to Prepare for Amendments to Regulation S-P – NSCP Currents
Managing Partner Michelle L. Jacko explores the recent amendments to Regulation S-P in the October 2024 issue of the NSCP Currents Newsletter.… Read More
SEC EXAMS for RIAs: What you Need to Know to Prepare – NSCP Currents
Managing Partner Michelle Jacko’s article, “SEC EXAMS for RIAs: What you Need to Know to Prepare” published in the NSCP Currents… Read More
The Power of Diversity, Equity and Inclusion in Business by Alicia Bond & Michelle Jacko – NSCP Currents
Managing Partner, Michelle Jacko’s article, “How to Address Change Management,” was published in the September 2022 issue of the NSCP Currents Newsletter.… Read More
Legal and Regulatory Considerations for Going Independent by Michelle Jacko – Industry White Paper
Managing Partner Michelle L. Jacko‘s article, “Legal and Regulatory Considerations for Going Independent,” has been published as an industry white paper in conjunction with Charles Schwab & Co., Inc.… Read More
Recent Blog Posts
SEC Releases EXAMS Priorities for 2025
On Oct. 21, 2024 , the US Securities Exchange Commission (“SEC”) published a press release announcing their 2025 Examination Priorities. Many of the focus areas come as no surprise, as the SEC has diligently alerted industry and investors alike to what their areas of concern have been throughout the year. There are, however, a few areas that registrants may find require an extra review or a deeper dive.… Read More
Private Funds Adviser Charged for Integration Doctrine Violations
The Securities Exchange Commission (“SEC”) recently charged a Private Funds Adviser for violations of the Registration and Custody rules, specifically as they relate to integration doctrines.
This is the first SEC enforcement action in over ten years against an Investment Adviser for violations against the Integration Doctrine. The Integration Doctrine is set forth in Rule 152 of the Securities Act of 1933 and prevents the separating of single offerings into multiple offerings to take advantage of exemptions that would otherwise not be available if the offering was not divided.… Read More
Policies and Procedures- SEC Priorities and Areas of Scrutiny
As part of any Compliance Program, your Policies and Procedures provide one of the strongest internal controls for what to do, and when. Policies and Procedures are critical for helping to mitigate risk and provide direction to employees on how to comply with the various securities regulations that govern your business. That is why it is so important, prior to year-end, to review and update Policies and Procedures to ensure they are customized to your business practices, with consideration for new regulations and use of technology to help govern your firm.… Read More
Video Library
Events
Michelle to Speak at Schwab IMPACT 2024
Michelle to speak at Schwab IMPACT 2024!… Read More
Michelle Jacko to speak at the Raymond James EMPOWER Conference 2024!
Michelle Jacko to Speak at the Raymond James 2024 Empower Conference… Read More
Michelle Jacko to Present at the 2024 NSCP National Conference
Jacko Law Group Managing Partner Michelle Jacko will speak at the National Society of Compliance Professionals (NSCP) National Conference that will be held in Dallas, Texas, from October 27 to October 30, 2024.… Read More
Michelle Jacko to Speak at the Schwab (Virtual) 2024 Fall Compliance Update
Jacko Law Group Managing Partner Michelle Jacko to speak at the Schwab Fall Compliance Update on September 19, 2024… Read More
Media Mentions
SDBJ Selects Michelle Jacko for SD 500 Award
We are excited to announce that Managing Partner Michelle L. Jacko has been included as a finalist for the 2022 SD 500 Awards by the San Diego Business Journal (“SDBJ”). According to SDBJ, the SD 500 Award, “focuses on San … Read More
Michelle Jacko Selected by SDBJ for CEO of the Year Awards 2022
We are proud and honored to announce that CEO Michelle L. Jacko has been included as a finalist for the 2022 CEO of the Year Awards by the San Diego Business Journal. According to SDBJ, “Now in its 17th year, the CEO of … Read More
SDBJ Recognizes Michelle Jacko – Women of Influence in Law 2022
We are excited to announce that the San Diego Business Journal has recognized Managing Partner Michelle Jacko as a Women of Influence in Law for 2022! Congratulations Michelle! Click here to learn more and see the full list of honorees.
8 Smart Compensation Practices for Wealth Management Firms
Managing Partner Michelle Jacko was featured in a Barron’s Advisor article titled “8 Smart Compensation Practices for Wealth Management Firms,” on January 4, 2022. “People want to have more say in the direction of their career and in the direction of the firm … Read More
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