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Join Baker McKenzie regulatory and enforcement practitioners as we navigate this uncertain time and work together through the challenges ahead. We offer practical advice and real-time analysis of the changing landscape across the United States, Europe and Asia.

Webinar Series: The New Framework for Investment Adviser Marketing

In this 4-part webinar series, we provide an in-depth analysis of the SEC’s new framework for investment adviser marketing and the potential impact on your business. We discuss:

  • The new definition of an advertisement
  • The elimination of the cash referral fee rule and conditions for use of testimonials and endorsements
  • General prohibitions and disclosure obligations
  • Actual and hypothetical performance advertising
  • Compliance review and approval requirements.

January 6, 2021
The New Framework for Investment Adviser Marketing: An Overview
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Speakers: Jennifer Klass, Valerie Mirko, Jennifer Connors

January 13, 2021
The New Framework for Investment Adviser Marketing: Focus on Advertising
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Speakers: Jennifer Klass, Valerie Mirko, Jennifer Connors

January 20, 2021
The New Framework for Investment Adviser Marketing: Focus on Solicitation
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Speakers: Jennifer Klass, Valerie Mirko, Jennifer Connors

January 27, 2021
The New Framework for Investment Adviser Marketing: Focus on Private Fund Advisors
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Speakers: Jennifer Klass, Valerie Mirko, Jennifer Connors, Karl Egbert

Inform Global Discussion Series

June 11, 2020
Sustainability Finance: The Current State of Play in the United States
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Speakers: Peter Chan, Amy Greer, Jonathan Hoffman, Julian Hui, Jennifer Klass and Caitlin McErlane

May 28, 2020
Regulators Begin Active Response to COVID-19
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Speakers: Peter Chan, Amy Greer, Jennifer Klass and Jeffrey Sturgeon

May 14, 2020
Regulatory Updates with Our Colleagues in Asia
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Speakers: Jennifer Connors, Karl Egbert, Amy Greer, Stephanie Magnus, Karen Man and Mark Simpson

May 7, 2020
Trading Through a Crisis
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Speakers: Jennifer Connors, Karl Egbert, Mark Fitterman, Amy Greer, Caitlin McErlane and Mark Simpson

April 30, 2020
The Reopening Playbook – Featuring Partners from our Employment & Compensation Practice
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Speakers: Michael Brewer, William Dugan, Susan Eandi, Emily Harbison and Robin Samuel

April 23, 2020
Disclosure in the Time of COVID-19

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Speakers: Peter Chan, Amy Greer, Jennifer Klass, Caitlin McErlane, Nick O’Donnell, Mark Simpson and Jerome Tomas

April 16, 2020
Reg BI and Form CRS: Closing in on June 30th

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Speakers: Jennifer Connors, Amy Greer, Jennifer Klass and Valerie Mirko

April 9, 2020
Cybersecurity and Data Protection in a Remote Work Environment

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Speakers: Jennifer Connors, Amy Greer, Brian Hengesbaugh, Caitlin McErlane, Valerie Mirko, Mark Simpson, Benjamin Slinn and Harry Valetk

April 2, 2020
Recent Regulatory Developments & Looking Back on 2008: What Lessons Can We Learn from the Last Crisis?

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Speakers: Peter Chan, Amy Greer, Jennifer Klass, Caitlin McErlane, Valerie Mirko and Mark Simpson

March 26, 2020
Business Continuity for Firms and Regulators, Managing Market Volatility and Fund Manager Redemptions

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Speakers: Peter Chan, Karl Egbert, Amy Greer, Jennifer Klass, Caitlin McErlane, Valerie Mirko and Mark Simpson

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Peter K.M. Chan is a member of Baker McKenzie’s North American Financial Regulation and Enforcement Practice, which provides our clients with a full range of regulatory advice and enforcement counseling. Peter brings two decades of experience at the US Securities and Exchange Commission (SEC) to his litigation and counseling work. His tenure at the SEC, as well as a stint as Special Assistant US Attorney in the Northern District of Illinois, have given Peter experience with civil and criminal matters. At the SEC, Peter served as assistant regional director in the Chicago regional office, where he led investigations and litigations of high-profile enforcement cases. In the course of his SEC career, he handled corporate issuer disclosure and reporting violations, financial fraud, auditor independence violations, insider trading, broker-dealer misconduct and failure to supervise cases, hedge fund and investment company fraud, and Dodd-Frank and Sarbanes-Oxley violations. As the head of the Municipal Securities and Public Pensions Unit at the SEC's Chicago office, he oversaw cases involving municipalities and public pensions throughout the Midwest, including disclosure failures by states, cities, and underwriters in municipal bond offerings; pay-to-play and public corruption; and securities fraud victimizing municipalities and public pensions. Peter also served in national leadership roles within the SEC's Enforcement Division. Peter acted as national leader of the Municipalities Continuing Disclosure Cooperation (MCDC) Initiative. He also served as co-chair of the Priorities and Resources Subcommittee of the Division of Enforcement Advisory Committee and was one of the original architects of the SEC Financial Reporting and Audit Task Force. Peter's experience in criminal securities fraud cases includes serving as Special Assistant US Attorney in the Northern District of Illinois in a criminal investigation into market abuse by a Chicago broker-dealer, resulting in guilty pleas by several senior executives at the firm. In 2014, Peter received the SEC's prestigious Paul R. Carey Award for his [e]xceptional personal commitment and effectiveness as a member of the Division of Enforcement.

Author

Jennifer Connors is a partner in Baker McKenzie's Financial Regulation and Enforcement Practice Group. She represents broker-dealers, investment advisers, alternative trading systems (ATSs), private fund managers, financial technology (FinTech) companies and other market participants on securities law and market regulation matters.

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Karl Paulson Egbert advises asset managers and their funds on regulatory, corporate and derivatives matters. Karl is a member of the Firm's North American Financial Institutions Steering Committee. Karl has practiced in New York, London, Hong Kong and Washington, D.C., working on fund formation, listed funds, private equity and capital markets transactions. Karl has spoken at various industry seminars on a wide range of topics including access to Chinese securities markets (Stock Connect, QFII, RQFII, CIBM), and other regulatory issues for investment managers. He is regularly quoted in publications including the Financial Times, the South China Morning Post, Ignites Asia, Asian Venture Capital Journal and Reuters. He is an adjunct professor of Law at the Georgetown University Law Center.

Author

Mark is a Senior Counsel in Baker and McKenzie's North American Financial Regulation and Enforcement Practice, which provides clients with a full range of regulatory and compliance advice and enforcement counseling. Previously, Mark has served as a Partner in another international law firm and as an Associate Director in the Securities and Exchange Commission's Division of Trading and Markets (formerly Market Regulation) and Office of Compliance Inspections and Examinations, where he was responsible for the inspection and oversight of the nation's stock and options markets and for nationwide coordination of the SEC's broker-dealer and transfer agent examination programs.

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Amy serves as the Co-chair of Baker McKenzie’s North American Financial Regulation and Enforcement Practice, which provides our clients with a full range of regulatory advice and enforcement counseling. Previously, Amy has served as chief litigation counsel at the US Securities and Exchange Commission's (SEC) Philadelphia regional office and managed a team of lawyers overseeing a wide variety of enforcement matters and investigations.

Author

Jennifer L. Klass serves as the Co-chair of Baker McKenzie's Financial Regulation and Enforcement Practice in North America. Jen is an experienced investment management lawyer with particular focus on investment adviser regulation and the convergence of investment advisory and brokerage services. She regularly represents clients before the US Securities and Exchange Commission (SEC), both in seeking interpretative guidance and in managing examination and enforcement matters. Jen is a leading practitioner in digital investment advice and the use of FinTech in the asset management industry. Jen provides practical advice that is informed by her experience as Vice President and Associate Counsel at Goldman, Sachs & Co., where she represented the asset management and private wealth management businesses.

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Julian Hui is an Associate in Baker McKenzie's London office.

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Jonathan Hoffman is an associate in Baker McKenzie’s North American Financial Regulation and Enforcement Practice, which provides our clients with a full range of regulatory advice and enforcement counseling. Jonathan is Certified Information Privacy Professional (IAPP-certified CIPP/US) and a Legal Lean Sigma® Yellow Belt recipient.

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Karen Man is a partner in Baker McKenzie’s Financial Services group, leading the non-contentious Financial Services Regulatory practice. Her clients include global, Chinese and local banks, fund managers, brokers/dealers, money service operators and fintech firms. Karen is admitted to practice in Hong Kong, the UK, and Australia.

Author

Caitlin McErlane advises asset managers, banks, major corporates, exchanges, clearing houses and payment institutions on navigating UK and EU financial services regulation. She has particular experience in advising clients on operating in compliance with ongoing regulatory developments, including MiFID II, EMIR, the Investment Firms Regulation, ESG reforms, AIFMD and the Market Abuse Regulation.

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A. Valerie Mirko is a partner in Baker McKenzie’s Financial Regulation and Enforcement Practice Group in North America. Valerie has substantial experience in federal and state securities laws and regulations affecting the financial services industry, with a focus on the investment adviser and brokerage industries. Valerie has a background in both regulatory advice and enforcement counseling. Immediately prior to joining the Firm, Valerie was General Counsel of the North American Securities Administrators Association (NASAA). As General Counsel, Valerie advised NASAA’s Board of Directors on developments in the federal securities laws and their impact on state securities regulations. Valerie provided advice on, among other areas, the SEC Regulation Best Interest rule set, fiduciary duty/standards of care, preemption, retail enforcement issues, investment adviser oversight, and data privacy. She also supervised all of NASAA's securities-related legal work and was a resource on multistate enforcement investigations and settlements. Valerie also provided governance support on key NASAA Regtech projects and regulatory coordination initiatives between state and federal regulators. Valerie was a frequent speaker at regulator-only roundtables and training events. Earlier in her career, Valerie advised broker-dealers and investment advisers on regulatory matters and enforcement investigations as an associate at a Washington law firm and held legal and compliance roles at Oppenheimer & Co., Inc., and Merrill Lynch (now BofA Securities). Valerie is currently a member of the adjunct faculty at the George Washington University Law School and a subcommittee chair within the DC Bar Corporation, Finance, and Securities Law Community.

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Nick O'Donnell is a partner in Baker McKenzie's corporate department in London. He has over 15 years' experience advising on a wide range of corporate finance transactions and is recognized in his field by The Legal 500. He has spent time on secondment with Goldman Sachs, Morgan Stanley, Macquarie and Mubadala. Although London based for the majority of his career, he has previously been located in Abu Dhabi and New York. He regularly publishes articles, and has been quoted and interviewed on the press and TV, on matters relating to the London market.

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Benjamin Slinn is an Associate in Baker McKenzie's London office.

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Jeff Sturgeon is partner in the Employment & Compensation Practice group in Baker McKenzie's New York office. A skilled advisor and litigator with over 15 years of experience, Jeff assists clients with their most complex employment matters.

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Jerome Tomas is Chair of the Firm's SEC and Financial Institutions Enforcement Group and has been recognized by Chambers for White Collar Crime & Government Investigations. He represents multinational companies faced with government investigations and conducts internal investigations to assess and remediate legal and compliance concerns in domestic and global operations. With his experience as a former member of the SEC Division of Enforcement’s Cyberforce, the agency’s internet and cyber fraud unit, Jerome regularly advises companies involved in data security breaches and incident response. Jerome now leads teams of lawyers to address government law enforcement perspectives and where necessary, meet and refute government legal theories of corporate and individual liability head-on, while also being pragmatic and business-oriented for management and boards to compete internationally.

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