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SEC Speeches

  • "Private Equity: A Look Back and a Glimpse Ahead" by Marc Wyatt
  • "Spreading Sunshine in Private Equity" By Andrew Bowden
  • David Blass: "A Few Observations in the Private Fund Space" April 5, 2013
  • Luis Aguilar: "The Role of Chief Compliance Officers Must be Supported" June 29, 2015
  • Mary Jo White: "Five Years On:Regulation of Private Fund Advisers After Dodd-Frank" October 16, 2015
  • Mark Wyatt: "Inside the National Exam Program in 2016" October 17, 2016

SEC Enforcement Actions

  • In the Matter of Kohlberg Kravis Roberts & Co. L.P. (broken deal expenses)
  • In the Matter of Lincolnshire Management, Inc. (expense allocation amongst multiple funds)
  • In the Matter of Cherokee Investment Partners (hidden fees/conflicts of interest)
  • In the Matter of Blackstone Management Partners LLC (accelerated monitoring fees)
  • In the Matter Fenway Partners LLC (fee shifting/related party transactions)
  • In the Matter of Alpha Titans LLC (hidden fees)
  • In the Matter of R.T. Jones Capital Equities Management, Inc. (cybersecurity/client security)
  • In the Matter of Apollo Management V, VI, VII, L. P., Apollo Commodities Management
  • In the Matter of Blackstreet Capital Management, LLC

SEC No-Action Letters

  • Clover Capital Management No-Action Letter (investment performance advertising)
  • Horizon Asset Management No-Action Letter (portability of investment track record)
  • Managed Funds Association No-Action Letter (definition of knowledgeable employees)
  • Heitman Capital Management, Feb. 12, 2007
  • Mayer Brown LLP, July 15, 2008
  • Welsh Carson Anderson & Stowe, June 18, 1993
  • Cambiar Investors Inc., Aug. 28, 1997
  • Franklin Management, Inc., Dec. 10, 1998
  • Association for Investment Management and Research, Dec. 18, 1996
  • Investment Company Institute, Sept. 23, 1988
  • Citizens VC, Inc., Aug. 6, 2015

Cybersecurity Writings

  • Investment Adviser and Broker-Dealer Compliance Issues Related to Regulation S-P – Privacy Notices and Safeguard Policies
  • Cybersecurity: Ransomware
  • Safeguarding Customer Records and Information in Network Storage – Use of Third Party Security Features
  • Cybersecurity: Safeguarding Client Accounts against Credential Compromise
  • National Exam Program Risk Alert: April 15, 2014 (OCIE Cybersecurity Initiative)

SEC Investment Management Guidance

  • SEC Statement on Recent and Upcoming Regulation Best Interest Examinations from the SEC Division of Examinations (December 2020)
  • Staff Bulletin: Standards of Conduct for Broker-Dealers and Investment Advisers Conflicts of Interest[1]
  • OCIE Risk Alerts (2018)
  • Privately Offered Securities under the Investment Advisers Act Custody Rule, August 2013
  • Private Funds and the Application of Custody Rule to Special Purpose Vehicles and Escrows, June 2014

Association for Corporate Growth (ACG) Materials

  • ACG SEC Task Force Survey, October 2014

SEC Risk Alerts

  • Observations from Broker-Dealer Examinations Related to Regulation Best Interest (January 2023)
  • Examinations that Focus on Compliance with Regulation Best Interest (April 2020)
  • Cybersecurity: Safeguarding Client Accounts against Credential Compromise (Sept. 2020)
  • Cybersecurity: Ransomeware Alert (July 2020)
  • Investment Adviser and Broker-Dealer Compliance Issues Related to Regulation S-P – Privacy Notices and Safeguard Policies (April 2019)
  • Safeguarding Customer Records and Information in Network Storage – Use of Third Party Security Features (May 2019)
  • Examinations Focused on the New Investment Adviser Marketing Rule1 (Sept. 2022)
  • Observations from Examinations of Private Fund Advisers, January 2022
  • Investment Adviser MNPI Compliance Issues, April 2022
  • "Examinations of Advisers and Funds That Outsource Their Chief Compliance Officers" November, 2015

Court Cases

  • Goldstein v. SEC, 451 F.3d 873 (D. C. Cir. 2006)

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