The SEC recently adopted amendments that dramatically reshape the rules governing investment adviser marketing by creating a single rule (“Marketing Rule”) for investment adviser advertising and referral arrangements. The new approach is an elegant solution designed to fulfill the SEC staff’s objective of retaining a principles-based framework while modernizing the rule to remain flexible to accommodate evolving technologies such as social media. The Marketing Rule is effective within 60 days after publication in the Federal Register, but advisers have 18 months to transition to the new requirements. 

As Latin American countries continue to struggle with the impact of the pandemic, new regulations are helping to shape the region’s economies. The new rules could have serious consequences for US wealth and asset management firms doing business in Latin America, with fines and anti-money laundering violations possible for those…

SEC 2020: Expect SEC Enforcement to Cast Wide Net on Corporate Disclosure This is the second installment in our series of year-end analyses of the year in securities regulation and enforcement. Based on our ongoing analysis of SEC enforcement actions in 2019, we expect the SEC’s Division of Enforcement to…

On March 3, 2020, the US Supreme Court heard oral argument on whether the SEC has the authority to obtain disgorgement of “ill-gotten gains” in federal court for securities law violations. During the oral argument, in their questioning, the Justices frequently referred back to district courts’ inherent authority to enter…