Legal Risk Management Tips
Introduction to Security Token Offerings: What You Need to Know
With the financial sector constantly evolving, it is important to stay abreast of new investment vehicles.
Even if you’re not yet ready to embrace these offerings, your clients will likely have questions as these offerings gain popularity. Among the newest type of offerings that we anticipate gaining market traction in the long term are Security Token Offerings (“STOs”).
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Top SEC Enforcement Actions of 2024 and What Investment Advisers and Broker-Dealers Can Learn from Them
The U.S. Securities and Exchange Commission (“SEC”) continued to play a vital role in ensuring firms’ compliance with securities regulations in its mission to protect investors and promote transparency. In 2024, enforcement actions resulted in a record-breaking $8.2 billion in financial remedies. Interestingly, the number of enforcement actions dropped by 26% compared to 2023, as the SEC adopted a new strategy of high-impact actions and promoting self-reporting.
Areas that received the most scrutiny this year included emerging technology and alternative currency, off-channel communications, and cybersecurity.
This month’s Risk Management Tip focuses on five key SEC enforcement actions and violations of 2024, and how investment advisers, broker-dealers, and others can use these lessons to enhance their compliance programs and avoid costly mistakes.… Read More
Privacy, Cybersecurity, and Other Protections for Investors
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
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
Industry Publications
Cybersecurity: Regulatory Compliance, Attacks, Risk Mitigation
Director of Operations and Counsel Kathryn Konzen, Esq. explores the vulnerabilities to cyberattacks in the financial sector in the article titled “Cybersecurity: Regulatory Compliance, Attacks, and Risk Mitigation,” published in GRC Outlook. The article offers insight into why the sector remains a target for cybercriminals and how to mitigate cyber risks.… Read More
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
Regulatory Focus On Off-Channel Communications: What You Need to Know for Your Compliance Program
Director of Operations and Counsel Kathryn Konzen, Esq. explores the vulnerabilities to cyberattacks in the financial sector in the article titled “Cybersecurity: Regulatory Compliance, Attacks, and Risk Mitigation,” published in GRC Outlook. The article offers insight into why the sector remains a target for cybercriminals and how to mitigate cyber risks.… 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
Recent Blog Posts
Suing a Client, Vendor Or Third-Party For Breach of Contract- Business Disputes: Mitigate, Mediate, and Safeguard
A business owner is faced with potential disruptions to business operations when another party has failed to meet their contractual obligations, thus, breaching their contract. Whether it’s the failure to deliver goods on time, incomplete services, or unfulfilled financial obligations, the consequences can be severe, ranging from financial loss to reputational damage.… Read More
What to Do If You Have Been Sued for Breach of Contract – Business Disputes: Mitigate, Mediate and Safeguard
In this blog post titled, “What to do if you have been Sued for Breach of Contract,” Litigation attorney, Ms. Mehta offers key steps to take that can help resolve a dispute amicably or at least limit the damage to the business. All businesses run a risk of dispute at some point, from partner and shareholder disagreements to complaints and litigious action from external sources. No matter what the source or reason, disputes remain a source of stress, a drain on resources and a distraction if not a derailment from business goals.… Read More
Key Compliance Considerations for Third-Party Vendor Oversight
FINRA and the SEC focus on protecting clients’ interests by covering all potential risk areas that could harm investors.
One pivotal area for financial firms to consider is their due diligence efforts related to third-party service providers. Third-party service providers are an extension of your firm. Regardless of whether the vendor is deemed critical or non-critical (Read more on this here), if not properly vetted and continuously supervised, weak controls by your vendor can expose your firm, and by extension, your clients to a range of risks.
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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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