Advertising Compliance

Investment Adviser Charged By SEC For Failing To Adopt Proper Cybersecurity Polices And Procedures

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 On September 22, 2015 the SEC announced that a St. Louis-based investment adviser has agreed to settle charges that it failed to establish the required cybersecurity policies and procedures in advance of a breach.  

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An Open Letter To SEC Chair Mary Jo White: Please Modernize The RIA Testimonial Rule So That Consumers Could Rely On The Web To Connect Them With The Best Advisors

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Dear Mary Jo:   The Securities and Exchange Commission needs to modernize – or at the very least provide greater clarity -- about its rule prohibiting RIAs and IA reps from using anything approaching a testimonial in their advertising. I know you're pretty busy but please read through what I am saying because I have a good point.   The current rules on social media use by RIAs are stifling competition and preventing the best advisors from helping more consumers. I’m not a libertarian and I’m not invested in any political party’s agenda. But I do know about

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RIA Brochure Delivery Rule: Do I Really Have To Deliver This "Thing" To Clients If I Made No Material Changes Since Last Year?

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A Registered Investment Adviser’s ADV Part 2A--also called a "brochure"--is one of ithe most critical documents an an advisory firm creates. It's your public disclosure form, the document everyone you work or hope to work with with must see.   As securities attorneys, we spend many hours interpreting the SEC’s instructions and tailoring brochures to each RIA's business--your people, products, style, and operations.   Here are some insights into the process of creating this important disclosure document, including one that forever quashes the notion that you a

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Securities Lawyers Investigate Losses In UBS Willow Fund

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Securities attorneys at Klayman & Toskes say they are investigating claims of UBS Financial Services customers who purchased the UBS Willow Fund, a private hedge fund formed in 2000. In October of 2012, investors were notified that the Fund would be liquidated. With the massive losses losses reportedly sustained by investiors in this UBS hedge fund, it's wise for RIAs to be aware of the case.

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Accused By State Securities Regulators Of Falesly Advertising He Acted As A Fiduciary, Illinois Advisor Says He’s Done Nothing Wrong

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In a case that could have wide repercussions for financial advisors and consumers, the State of Illinois last week filed civil charges against a financial advisor that essentially alleges he advertised on his website that he was a fiduciary when he was really just trying to sell annuities. The advisor says the government has it all wrong. “I categorically deny all of their allegations as deceitful half- truths,” says Richard Van Dyke, Jr. “The charges were instigated by a regulator at the Department of Securities that has been spearheading this unfairly. He’s taken obse

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