New Advisers Act Advertising Rule to Undergo Further Review

Investment Advisory firms that are eagerly awaiting the revisions recently adopted by the U.S. Securities and Exchange Commission (SEC) to the archaic Advisers Act Advertising Rule previously anticipated to become effective this spring, will have to wait a bit longer.  The Advertising Rule prepared and approved under the former Trump Administration is now required to undergo review by the newly installed Biden Administration.

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Your First Meeting on the SEC’s New Investment Adviser Marketing Rule Should Address These Topics

The U.S. Securities Exchange Commission’s has issued its new modernized Advertising Rule that is intended to replace the existing Advertising and Cash Solicitation Rules.  The SEC release relating to the new Advertising Rule is a 430 page behemoth that will create a significant change to the manner in which advisers conduct their advertising and marketing activities.

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What to Expect in 2021 from the SEC’s Division of Enforcement: Material Nonpublic Information

In today’s remote work environment, cybersecurity has become one of the Industry’s largest vulnerable components when servicing clients. As majority of the Industry has migrated to remote work and new communication technologies, this has forced more data and information to be susceptible to risk. In this blog post, we will discuss material nonpublic information and how we believe this will be an area of additional focus as the Industry gears up for 2021.

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A Forgettable Year for Small Business Ends with Memorable Changes to SEC Regs for Exempt Offerings

In general, small businesses tend to be more vulnerable in an economic downturn because they lack the financial cushion many larger companies have. Since the creation of the Federal Reserve System in 1913, large businesses have benefited from a more favorable regulatory framework and from liquidity backstops that the Fed has used to fortify weakness in financial markets.

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Third Set of Modifications to CCPA Prompts California Businesses to Revisit Policy on Consumer Data Privacy

The comment period has closed on the third round of proposed changes to the California Consumer Protection Act (“CCPA”), which were announced October 12, 2020, by the California Office of the Attorney General. There are a number of disputes regarding how the proposed revisions will impact a California consumer, but a number of the proposed revisions appear to address the manner in which a consumer may engage in the opt-out collection process.

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