Recent Experiences With SEC Examinations and Enforcement: Cybersecurity, BCPs, Branch Offices and Disclosures (Part One of Two)

Although SEC examination and enforcement priorities remain relatively steady over time, with every new administration and SEC Chair come subtle shifts in focus areas and approaches. A recent seminar hosted by Brian T. Davis and Dimitri G. Mastrocola, partners at international recruiting firm Major, Lindsey & Africa, examined how SEC examination and enforcement efforts are shaping up under Chair Gary Gensler. The program featured Scott H. Moss and Eileen Overbaugh, partners at Lowenstein Sandler. This first article in a two-part series distills their insights on cybersecurity, business continuity plans, branch offices and disclosures. The second article will present their thoughts on the use of the word “may” in disclosures; conflicts of interest-related issues; cross trades and principal transactions; insider trading; responsible investing; and exams of new advisers. See our two-part coverage of the SEC’s 2021 examination and enforcement priorities: “Cybersecurity, Business Continuity and Conflicts of Interest” (Jul. 22, 2021); and “ESG, New Marketing Rule and Other Potential Focuses” (Jul. 29, 2021).

To read the full article

Continue reading your article with a HFLR subscription.