Recent Experiences With SEC Examinations and Enforcement: Disclosures, Conflicts and Trading Issues (Part Two of Two)

The SEC’s mission is to protect investors; maintain fair, orderly and efficient markets; and facilitate capital formation. That mission does not change with new administrations or new Chairs, but specific focus areas or strategies may evolve with a changing of the guard. Brian T. Davis and Dimitri G. Mastrocola, partners at international recruiting firm Major, Lindsey & Africa (MLA), recently hosted a seminar that explored 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 second article in a two-part series presents their perspectives 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. The first article distilled their insights on cybersecurity, business continuity plans, branch offices and disclosures. For coverage of another MLA seminar, see “Anticipating SEC and CFTC Enforcement Priorities Under the Biden Administration” (Mar. 18, 2021).

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