Legal Risk Management Tips
Cybersecurity: Attacks, Risk Mitigation, and Regulatory Compliance
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
So, You Have Been Sued…What Should You Do?
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
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
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
Industry Publications
The Power of Diversity, Equity and Inclusion in Business by Alicia Bond & Michelle Jacko – NSCP Currents
Managing Partner, Michelle Jacko’s article, “How to Address Change Management,” was published in the September 2022 issue of the NSCP Currents Newsletter.… Read More
Legal and Regulatory Considerations for Going Independent by Michelle Jacko – Industry White Paper
Managing Partner Michelle L. Jacko‘s article, “Legal and Regulatory Considerations for Going Independent,” has been published as an industry white paper in conjunction with Charles Schwab & Co., Inc.… Read More
Exit Planning 101: Understanding Your Strategic Value
As business owners analyze and formulate their exit plan with their trusted advisors maximizing the value of his or her business is typically at the forefront of the discussions. Strategic value of a business is a simple calculation: cash + … Read More
How to Address Change Management by Michelle Jacko – NSCP Currents
Managing Partner, Michelle Jacko’s article, “How to Address Change Management,” was published in the September 2022 issue of the NSCP Currents Newsletter.… Read More
Recent Blog Posts
2024 Regulatory Considerations for Internet-based Investment Advisers
Would an adviser have to register in every single state in which they serve clients? In 2002, the U.S. Securities and Exchange Commission (SEC) responded to that issue by establishing the Internet Adviser Exemption Rule. On March 27, 2024, the SEC issued an amendment to the internet adviser rule to meet the advancements and saturation of technologies and to outline what it meant to offer investment advisory services online in today’s market. Another reason for amending the exemption was the concerning number of firms that were not meeting their compliance requirements.… Read More
SEC Private Fund Rules Overturned
On June 5, 2024, the Fifth Circuit Court of Appeals overturned the SEC’s New Private Fund Rules introduced in August 2023 (the “Private Fund Rules”). Given that the Private Fund Rules imposed several limitations and prohibitions that ran counter to the fundamental principles of a private fund, this was a significant victory for private fund advisers.… Read More
Concerns Over Compliance Responsibilities Cause Pause for Broker-Dealers Considering Independence
Broker-dealers seeking to transition to the independent business model – either as a hybrid (where they would remain associated with a broker-dealer) or fully independent (at an RIA-only firm) hesitate due to several key considerations.… Read More
Video Library
Events
Michelle Jacko to Speak at the InvestmentNews goRIA Masterclass
Jacko Law Group Managing Partner Michelle Jacko will discuss Compliance: What You Need to Know to Get Your RIA Registered and To Keep It in Compliance at the goRIA MasterClass hosted by InvestmentNews. This virtual event will be held on June 13, 2024. … Read More
Michelle Jacko to Speak at the NSCP Interactive Compliance Labs, Long Beach
Jacko Law Group Managing Partner Michelle Jacko will speak on Risk Management Beyond Assessment at the National Society of Compliance Professionals (NSCP) Interactive Compliance Labs. The event will be held on April 18, 2024, at the Pointe, California State University, Long Beach. … Read More
Michelle Jacko to Speak at the 2024 IAA Compliance Conference
Jacko Law Group Managing Partner Michelle Jacko will speak at the 2024 IAA Compliance Conference on Compliance 101, touching on key topics such as, best practices in cultivating a comprehensive compliance program, managing risk, conflicts of interest and more. … Read More
Charles Schwab Virtual Educational Event – 2024 Compliance Update
Jacko Law Group’s Managing Partner, Michelle Jacko, will be presenting on the latest regulatory hot topics on February 27, 2024, at Schwab’s 2024 Compliance Update. During this exclusive educational virtual event, Michelle will touch on several key topics.… 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
Jeremiah Baba Pagano Quoted in Barron’s Adviser
Attorney Jeremiah Baba Pagano was quoted in a Barron’s Adviser blog post titled “6 Missteps that Trip Up Brokers Who Leave Big Wall Street Firms,” on August 17, 2022. Within the post, Jeremiah explains how tax implications are often an afterthought … 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.