Compliance Content

On September 25, 2023, the SEC's Division of Enforcement announced charges against a registered investment adviser ("Adviser") for causing mutual funds it advises ("Mutual Funds") to fail to develop and implement a reasonably designed anti-money laundering ("AML") program. The Adviser...

On October 10, ICI filed a comment letter with the Securities and Exchange Commission (SEC or "Commission") on its proposal regarding conflicts of interest associated with the use of predictive data analytics (PDA) and other "covered technologies" by broker-dealers and investment...

In early August, President Biden issued an Executive Order on "Addressing United States Investments in Certain National Security Technologies and Products of Countries of Concern." That same day Treasury issued an Advance Notice of Proposed Rulemaking (ANPRM) regarding the...

On August 25, 2023, the SEC's Division of Enforcement announced that it had settled a case brought against two affiliated dually registered broker-dealers and investment advisers ("Respondents") for violating the anti-fraud provisions of the Investment Advisers Act (the "Act") by...

On September 20, the Securities and Exchange Commission ("SEC" or "Commission") adopted amendments to Rule 35d-1 under the Investment Company Act of 1940 ("Names Rule"), as well as associated forms and disclosure requirements. The final amendments passed by a vote of four to one, with...

A shutdown of the federal government could begin if Congress cannot agree on new appropriations beyond September 30, 2023.

On September 11, the SEC's Division of Enforcement announced that it had charged nine investment advisers with violations of Rule 206(4)-1 under the Investment Advisers Act ("Marketing Rule") for "advertising hypothetical performance on their websites without adopting and/or...

In its August 24, 2023 decision, a three-judge panel of the United States Circuit Court of Appeals for the Second Circuit held in Kirschner v. JP Morgan that notes issued as part of a syndicated term loan transaction ("Notes") were not securities. In doing so, the court applied the...

The SEC recently issued its Safeguarding Advisory Client Assets Proposal (Proposal), which would expand the scope of the current Investment Advisers Act custody rule (Rule 206(4)-2) and impose significant new requirements on qualified custodians and investment advisers that have...