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SEC Marketing Rule Master Class Podcast

With the compliance date for the new rule fast approaching, this series is the perfect master class to set you and your firm up for success.

The Securities Compliance Podcast: Compliance In Context – SEC Marketing Rule Master Class Series

We are pleased to announce the release of our new master class series on the SEC’s Marketing Rule! Sponsored by the NSCP and ACA Group and developed by Patrick Hayes, host of the Compliance In Context Podcast, and Carlo di Florio, ACA Group’s Global Advisory Leader, this 6 episode podcast series walks listeners through: 

  • Introduction to the Marketing Rule  
  • Tricky Legal Aspects  
  • Impact on Private Funds  
  • Performance, Performance, Performance 
  • Challenges with Testimonials, Endorsements, and Third-Party Ratings  
  • Implementation for Private Fund Advisers vs. Traditional Advisers 
Compliance in Context Podcast

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Each class within the series will feature leading compliance specialists, attorneys, and regulators with deep knowledge and insight on the SEC Marketing Rule and its implications and considerations for firms.  


Episode One: Background and Observations on the New Rule

In Episode 1, you’ll hear from our moderators, Patrick Hayes, Calfee and Carlo di Florio, ACA Group along with our industry panelists from the SEC, Steven Levine and Chris Mulligan, as we provide background on the new SEC Marketing Rule and why it was developed. We’ll cover key nuances to the rule, the founding principles behind the rule, and feedback that the SEC has received from the industry. We’ll also explore how the Division of Examinations has prepared to examine for the new rule and lessons learned from early adopters. 

Episode Two: Overview of the Rule and Tricky Legal Aspects

In Episode 2 of our new master class series on the SEC Marketing Rule, you’ll hear from host, Carlo di Florio of ACA Group along with our industry panelists Issa Hanna, Partner, Eversheds Sutherland, Amber Allen, VP and General Counsel, Fairview Investment Services, and Chas Spiros, Principal Consultant, ACA Group. Together, we’ll provide additional insights on the new rule, including misconceptions, key definitions, timelines, ADV changes, and key features. We’ll also cover tricky legal aspects like promoter vs. solicitor and the withdrawal of no-action letters.

Episode Three: Impact on Private Funds

In Episode 3 of our new master class series on the SEC Marketing Rule! You’ll hear from host, Patrick Hayes, Calfee along with our industry panelists Genna Garver, Partner, Troutman Pepper, Bree Ward Associate, Akerman LLP, Matt Shepherd, Director, ACA Group. Together, we’ll discuss the general impact of the new Marketing rule to Private Funds. We’ll dive into the requirement to present net performance, the application of related performance to private funds, and considerations around hypothetical performance. We’ll also take a look at other relevant marketing rules and prohibitions that still apply.

Episode Four: Performance

Welcome to Episode 4 of the Marketing Rule Master Class mini-series focused on performance.  In our fourth episode of the master class, moderated by Carlo di Florio, ACA Group, you will hear from Karyn Vincent, CFA Institute, Janice Kitzman, Cascade Compliance, Julia Reyes, ACA Group, and Shivani Choudhary, ACA Group, as they discuss the various Marketing Rule performance requirements including how they compare and contrast with GIPS 2020. Our panelists will provide practical advice and insights as to how best to set your compliance program up for success.  We hope you enjoy this installment of the master class series!

Episode Five: Adventures in Marketing

Welcome to Episode 5 of the Marketing Rule Master Class mini-series.  Episode 5 focuses on testimonials, endorsements, and third-party ratings. Moderator, Patrick Hayes, Calfee and panelists Jaqueline Hummel, ACA, Anthony Dillingham, ACA, and Matt Shepherd, ACA, delve into the nuances and traps for the weary when utilizing testimonials, endorsements and third-party ratings.  While the new rule is a potential game-changer for firms, actual implementation comes with caveats and compliance burdens.  We hope you enjoy this installment of the Master Class mini-series!

Episode Six: Implementation

Welcome to Episode 6 of the Marketing Rule Master Class mini-series.  In our final episode we are building upon the lessons learned in the prior five episodes with a focus on key compliance considerations for implementing the Marketing Rule.  Moderator Carlo di Florio, ACA, along with panelists Craig Watanabe, DFPG Investments, Chas Spiros, ACA, and Julia Reyes, ACA, discuss implementation timelines and challenge, incorporating the right policies and procedures for your firm, training and educating key stakeholders inside your firm, and how technology can help with implementation, execution, and ongoing monitoring.  Thank you for joining us for the Marketing Rule Master Class mini-series!

About the Podcast Sponsors

ACA Group

ACA is a leading governance, risk, and compliance (GRC) advisor in financial services. We empower clients to reimagine GRC and protect and grow their business. Our innovative approach integrates advisory, managed services, and distribution solutions with our ComplianceAlpha® regulatory technology platform with the specialized expertise of former regulators and practitioners and a deep understanding of the global regulatory landscape.

The National Society of Compliance Professionals

NSCP is a nonprofit, membership organization dedicated to serving and supporting the compliance professional in the financial services industry. NSCP is “For Compliance, By Compliance”. NSCP membership provides financial services compliance professionals with a wide range of compliance resources, continuing education to further their knowledge and specialized skills, and regulatory involvement through representation of compliance interests. NSCP members have access to a diverse community of compliance professionals who willingly share their knowledge and expertise.

The Securities Compliance Podcast: Compliance in Context

The Securities Compliance Podcast is presented by Calfee and NSCP and is hosted by Patrick Hayes. Patrick earned his J.D. from the University of Cincinnati College of Law and his undergraduate degree from the University of Notre Dame. He is a recent recipient of the Cincinnati Business Courier Forty Under 40 Award recognizing young professionals in Greater Cincinnati who are crafting successful careers while also giving back to their community.

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