SEC Examinations and Enforcement Officials Discuss Key Regulatory Issues for Investment Advisers

The challenges of the pandemic, as well as recent changes in both the Presidential administration and SEC leadership, will no doubt affect the regulatory landscape facing investment advisers and investment companies. Changes are already occurring across the different divisions of the SEC, which will only become more notable with time as the new leadership pursues its objectives. Key regulatory issues relevant to SEC‑registered investment advisers were addressed in a program at the Investment Company Institute’s 2021 Virtual Funds and Investment Management conference, which was moderated by Katherine M. Primas, CCO at Dodge & Cox, and which featured Peter Driscoll, Director of the SEC’s Division of Examinations; Adam S. Aderton, Co‑Chief of the SEC’s Asset Management Unit, Division of Enforcement; and Amy R. Doberman, partner at WilmerHale. The panel covered issues related to the post-pandemic regulatory landscape; the Commission’s focus on environmental, social and governance investing; noteworthy lessons from recent SEC enforcement matters; cybersecurity concerns targeted by the agency; and others. This article summarizes the relevant takeaways and insights from the panelists. For coverage of remarks by Driscoll on compliance issues, see “OCIE Risk Alert on Compliance: Limited Staffing, Marginalized CCOs and an Overall Lack of Resources at Fund Managers (Part One of Two)” (Jan. 26, 2021); and “2021 PE Forecast: Potential Lasting Impact of the Pandemic on Fund Terms, Strategies and Compliance Practices (Part Two of Two)” (Jan. 19, 2021).

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