Adviser Intelligence

This podcast provides general legal information and commentary only. It is not intended as legal advice, nor does it create an attorney-client relationship. For more information about Stark & Stark’s services, please visit www.stark-stark.com.

RIA cybersecurity, Regulation SP, client data protection, and incident response planning are front and center for today’s registered investment advisers. In this episode of Adviser Intelligence, Stark & Stark investment management and compliance attorneys Stephen Galletto, Esq., Jeffrey Lang, Esq., and Mittal Patel, Esq. unpack what the new Reg SP requirements mean in practice for SEC‑registered advisers. They discuss how firms of all sizes should approach: Building and updating written incident response plans Training employees to report suspected phishing, hacking, or social‑engineering attempts Distinguishing true “incidents” from minor missteps Handling misdirected emails and potential exposure of non‑public personal information Coordinating federal Reg SP duties with state breach requirements Cybersecurity insurance and what it may (and may not) help with Vendor risk management, due diligence packets, and 72‑hour breach expectations Ongoing reviews of cybersecurity manuals, data mapping, and Reg S‑ID identity theft programs You’ll also hear what the SEC is focusing on in exams and sweep reviews, and why “right‑sized” but robust cybersecurity programs are now expected. Call Stark & Stark’s investment management and RIA compliance team in Lawrenceville, New Jersey, or visit stark-stark.com to discuss your firm’s needs. #RIACompliance #Cybersecurity #RegSP For information purposes only; not legal advice. Results may vary depending on your particular facts and legal circumstances. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. This podcast provides general legal information and commentary only. It is not intended as legal advice, nor does it create an attorney-client relationship. For more information about Stark & Stark’s services, please visit www.stark-stark.com.

Registered investment advisers are operating in an environment where SEC exams, enforcement priorities, and technology risks continue to evolve. At the recent Investment Adviser Association conference in Washington, DC, regulators emphasized cooperation and remediation, a renewed focus on fraud and market manipulation, and ongoing scrutiny of marketing and advertising practices. Our Investment Management & Securities team helps RIAs translate those themes into practical steps. The conference highlighted several areas that should be on every adviser’s radar: avoiding “no conflicts of interest” claims on websites and marketing materials, carefully handling testimonials and third‑party ratings, and reviewing dual‑hatted adviser arrangements where brokerage and advisory services intersect. The discussions also underscored the importance of cybersecurity programs, Reg SP incident response planning for smaller advisers, and thorough vendor due diligence for technology and AI tools that handle client data. Many firms are moving cybersecurity out of a short policy section and into a dedicated manual with its own processes, procedures, and data‑mapping expectations. By staying ahead of these developments, RIAs can respond more effectively to exam findings, remediate issues, and align their policies, procedures, and disclosures with current expectations. For information purposes only; not legal advice. Results may vary depending on your particular facts and legal circumstances. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. This podcast provides general legal information and commentary only. It is not intended as legal advice, nor does it create an attorney-client relationship. For more information about Stark & Stark’s services, please visit www.stark-stark.com.

SEC exams continue to evolve, and registered investment advisors should understand where regulators are placing their attention. In this episode on SEC Exam Trends and Insights, Stark & Stark attorneys discuss themes they are seeing in examinations and deficiency letters. The conversation explores how exam priorities are communicated and why they are not an exhaustive list. The attorneys explain that regulators may focus on additional issues depending on firm size, activities, and risk profile. Areas discussed include cybersecurity policies, incident response planning under Regulation S‑P, and the growing emphasis on written documentation. Key topics covered include: ✔️ Incident response programs and how they differ from cybersecurity policies ✔️ Regulation S‑ID and identity theft prevention expectations ✔️ Annual compliance reviews and risk assessments ✔️ SEC filing issues, including Form 13F, Form 13H, and Form N‑PX ✔️ Compliance considerations when using third‑party technology and AI tools The episode also highlights exam scrutiny around recordkeeping, internal testing, and whether firms can clearly explain their compliance processes. The discussion is particularly relevant for investment advisers managing regulatory obligations in a national environment. This episode features insights from Jeffrey Lang, Esq., Stephen Galletto, Esq., and Mittal Patel. For information purposes only; not legal advice. Contact the investment management & securities compliance attorneys for more information. This podcast provides general legal information and commentary only. It is not intended as legal advice, nor does it create an attorney-client relationship. For more information about Stark & Stark’s services, please visit www.stark-stark.com.

Registered investment advisors face increasing scrutiny under the SEC’s marketing rule, particularly around testimonials, endorsements, third‑party awards, and online reviews. Recent examinations show that enforcement is no longer theoretical—firms of all sizes are being fined for disclosure failures, even where violations appear minor. Our Investment Management & Securities Compliance Attorneys advise RIAs nationwide on how to market their services while remaining aligned with regulatory expectations. Common risk areas include advisor websites, Google reviews, social media profiles, email signatures, and the use of logos or plaques tied to awards and rankings. In many cases, deficiencies arise not from false statements, but from missing, inadequate, or improperly displayed disclosures. We work with advisors to review marketing materials, assess compliance risk, and implement practical disclosure strategies that reflect current regulatory guidance. As enforcement evolves, maintaining fair and balanced advertising practices remains critical. This podcast provides general legal information and commentary only. It is not intended as legal advice, nor does it create an attorney-client relationship. For more information about Stark & Stark’s services, please visit www.stark-stark.com.

RIA compliance tasks are not something firms can “set and forget.” In this episode, Stark & Stark’s investment management and securities lawyers walk through the daily, monthly, quarterly, and annual compliance work RIAs need to stay exam-read,  from filings to testing to internal controls. This podcast provides general legal information and commentary only. It is not intended as legal advice, nor does it create an attorney-client relationship. For more information about Stark & Stark’s services, please visit www.stark-stark.com

Investment advisers face rapid changes in technology, from artificial intelligence tools to Bitcoin and electronic communications. Learn how AI note-taking tools impact privacy, attorney-client privilege, and Reg SP compliance. Discover why texting and off-channel communications can trigger SEC scrutiny, and how to keep all business-related messages on compliant platforms. The attorneys also discuss the rise of Bitcoin and crypto ETFs in client portfolios, emphasizing the importance of due diligence, client disclosures, and risk management.  This podcast provides general legal information and commentary only. It is not intended as legal advice, nor does it create an attorney-client relationship. For more information about Stark & Stark’s services, please visit www.stark-stark.com

Stay ahead of regulatory expectations with Episode 1 of Adviser Intelligence, where Stark & Stark’s Investment Management & Securities attorneys break down the most common Form ADV, ADV Part 1, ADV Part 2A, and Form CRS mistakes that investment advisers make—and how to avoid them. This podcast provides general legal information and commentary only. It is not intended as legal advice, nor does it create an attorney-client relationship. For more information about Stark & Stark’s services, please visit www.stark-stark.com