Regulatory Compliance Association Reviews

Investment Advisers: Succeeding with Social Media

Practice Edge 02

Investment Advisers: Succeeding with Social Media™

Date: November 20, 2014
General Session: 12 Noon to 1:30 PM
Location: Webcast (Free)

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Use of social media has become common practice among advisers and their employees. Moreover, millions of potential investors and clients use social media platforms to obtain information about companies and trends, including investments and investment advisers. By using social networking services, investment advisers can manage their brand, publicly demonstrate knowledge of market sectors, and recruit top new talent. To be successful, however, an adviser must navigate the various applicable regulatory regimes

 This session will discuss the following:

• How advertising rules under the Investment Advisers Act of 1940 limit uses of particular social networking forums, such as LinkedIn and Twitter;
• Guidance issued by the SEC staff and insights from recent SEC enforcement cases;
• Regulatory considerations beyond the Advisers Act with respect to social networking communications, including Regulation D and CFTC exemptions; and
• The potential privacy issues related to social media, including the risks of discoverability in litigation, increased vulnerability to malware and other intrusions, and the potential inadvertent disclosure of sensitive information.

 Students shall master the following within this session:

• Identify regulatory considerations for investment advisers using social media
• Evaluate business risks associated with social media
• Apply Rule 206(4)-1 of the Investment Advisers Act, the Advertising Rule, to electronic communications made via social media
• Differentiate between SEC and FINRA rules related to electronic communications and social media
• Develop framework for social media policies and procedures and compliance

Session Chairman:
Walter Zebrowski, JD, CPA, Principal, Hedgemony Partners
Chairman, Regulatory Compliance Association

Senior Fellow from Practice:
Heather Traeger, JD, Chief Compliance Officer & Compliance Counsel, Teachers Retirement System of Texas

Guest Lecturers:

Catherine Courtney Gordon, JD, Senior Counsel, SEC
Steven Yadegari, JD, Executive Vice President & General Counsel, Cramer Rosenthal McGlynn
John Roth, JD, General Counsel & Chief Compliance Officer, Venor
Mitch Avnet, Managing Partner, Compliance Risk Concepts

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