Legal Risk Management Tips | Jacko Law Group

Top SEC Enforcement Actions of 2024 and What Investment Advisers and Broker-Dealers Can Learn from Them

December 20, 2024 by M. Jacko

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

November 27, 2024 by Kathryn Konzen

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

September 30, 2024 by Dharmi Mehta

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

August 28, 2024 by Eric Leander

Leadership Succession Planning is a Must for Risk Mitigation

July 30, 2024 by M. Jacko

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

Investment Adviser Regulatory Counsel (SEC & State) | Investment Advisers | Investment Companies | Legal Risk Management Tips | RIA, Private Fund, BD, etc.

Cybersecurity: Attacks, Risk Mitigation, and Regulatory Compliance

June 27, 2024 by Kathryn Konzen

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

Investment Adviser Regulatory Counsel (SEC & State) | Investment Advisers | Investment Companies | Legal Risk Management Tips | RIA, Private Fund, BD, etc.

So, You Have Been Sued…What Should You Do?

May 30, 2024 by Dharmi Mehta

Litigation is a business risk that unfortunately most businesses will have to deal with at some point. Knowing what to do once you get sued and understanding the procedure will help make the process easier for you. As your business grows, so does its chance of being involved in litigation whether it be with a former client or customer, a business partner, vendor, or an associate/employee. Despite the parties involved, as with any litigation, the plaintiff (the party filing suit) will have to serve process on the defendant (the party being sued). … Read More

Securities Law Considerations Part 2: SEC Registered Funds, Exemptions and Regulatory Considerations

April 24, 2024 by Eric Leander

The Investment Company Act of 1940, as amended (“40 Act”) defines an “investment company” as an issuer primarily involved in the business of investing, reinvesting, or trading securities. It explicitly prohibits any engagement in buying and selling securities without SEC registration or a valid exemption. Hedge funds and comparable pooled investment vehicles fall under this definition if they meet one of the two exemptions.… Read More

Securities Law Considerations for Investment Fund Formation: Part 1

March 26, 2024 by Eric Leander

Investment fund formation is the comprehensive process of establishing a collective investment vehicle that pools capital from multiple investors to engage in various securities or other financial asset investments. The primary goal is to provide investors with a professionally managed portfolio often designed to provide diversification, but equally as often to deploy funds into a specific asset class, or according to a particular investing philosophy, strategy, or methodology.… Read More

Working with Outside Managers: Third-Party Asset Managers or Sub-Advisers – What is the Difference?

February 28, 2024 by M. Jacko

Investment advisers understand that selecting a portfolio which meets a client’s goals and objectives is a fiduciary duty. Sometimes, this involves working with outside managers such as sub-advisers or a third-party asset manager (“TPAM”) who have specialized investment management knowledge to further diversify a client’s portfolio investments. … Read More