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| AVAILABLE SESSIONS ON DVD |
DVD #1
Keynote Address: New OCIE Director, Carlo di Florio
The SEC’s new Director of the Office of Compliance Inspections and Examinations details the future direction of the Commission’s examination program for investment advisers under his leadership. Hear what changes could result from a top-to-bottom assessment of the SEC’s exam process, what reforms could be forthcoming and what the current hot-button exam issues are out in the field.
Speaker:
Carlo di Florio, director, OCIE, Securities and Exchange Commission
DVD #2
Expert Roundtable on Today’s Hot Compliance Topics
The changes keep coming – from rules for encrypting client e-mails to custody rule changes, congressional regulatory reforms to new questions for advisers of mutual funds – and much more. The pace of change seen by the industry in the last year has been unprecedented – and you need to prepare for even more developments. Our expert panel takes on the hot issues of the day – be they renewed calls for an SRO for IAs, mandated registration of hedge fund advisers or heightened exam and enforcement activity.
Speakers:
Andrew Donohue, director, Division of Investment Management, Securities and Exchange Commission
Victor Frye, counsel and CCO, ProFunds Advisors
Stephanie Monaco, partner, Mayer Brown
Richard Marshall, partner, Ropes & Gray
DVD #3
SEC Exams: Preparing for Examiners’ Changing Focus
The tone at the top of the SEC – and even from Congress – has definitely changed how examiners are approaching their scrutiny of investment advisory firms. Be aware of the shifting focus of examiners and what it means for your firm’s compliance program. The lessons of Bernie Madoff and Robert Allen Stanford (their firms were investigated!) have meant tougher, more exacting experiences for advisers who are visited by the SEC. This session gives you a rundown of the hot exam topics, plus field-tested guidance to be prepared when examiners arrive. Find out:
- Examples of questions examiners are asking
- Key focus areas you must be prepared for
- How OCIE is working more closely with Enforcement
- Pointers to prepare in the time between the initial call and examiners’ arrival
- How to demonstrate tone at the top
Speakers:
John Walsh, chief counsel, Office of Compliance Inspections and Examinations, Securities and Exchange Commission
David Lui, CCO, First American Funds
Richard Marshall, partner, Ropes & Gray
Bart McDonald, Executive VP, Renaissance Regulatory Services
DVD #4
What It Takes to Satisfy SEC’s Shifting Custody Rules
You knew there would be fallout from scandals such as the Madoff scheme, and one of the more contentious changes hinges around custody. Controversy has arisen over what actually constitutes custody. Some advisers are considering expensive new audits. Others are weighing changing the way they collect client fees. Hear the latest on the new custody rules and suggestions for how advisers should handle the thorny issues attached to custody. Our panel discusses the latest rules and options firms have, plus:
- What steps compliance officers can undertake to confirm custody
- Examples of questions related to custody that firms likely will be asked during exams
- Guidance to avoid the most costly approaches to substantiate custody
- Pointers for how to deal with examiners asking clients about custody
Speakers:
Dan Kahl, branch chief, Office of Investment Adviser Regulation, Securities and Exchange Commission
Barry Greenberg, partner, Akin Gump in Dallas
Bibb Strench, partner, Seward & Kissel
DVD #5
New Expectations for Heightened Due Diligence of Sub-Advisers
Embarrassing headlines and costly legal cases have sprouted from advisory firms doing a poor job of checking out their sub-advisers. This session highlights some of the mistakes to avoid and gives you tested processes to employ to gain greater comfort that your counterparties are compliant, plus ways to demonstrate your due diligence to clients, examiners and others. This breakout session reveals:
- The SEC’s view of the adviser/sub-adviser relationship
- Techniques you can use to bolster your due diligence
- Questions to ask and answers that wave a risky red flag
- How sub-advisers regard your inquiries
- A timetable to stay on top of your oversight
Speakers:
Sarah Bessin, assistant director, Division of Investment Management, Securities and Exchange Commission
Tad Cook, General Counsel, First Legacy Investors
Lori Renzulli, CCO and Chief Counsel, Harding Loevner Management
Kevin Gleason, Assistant general counsel, Northwestern Mutual Insurance Company
DVD #6
Secrets to Successful Forensic Testing
There’s nothing like hearing from those who talk-the-talk, and walk-the-walk. This session – by CCOs for CCOs – offers a hands-on look at forensic testing. Our CCO panel shares their techniques, examples of testing, advice for documenting, analyzing and responding to test results, and more. An SEC exam of an investment adviser doesn’t go by these days without penetrating questions about a compliance officer’s approach to program testing. You get:
- Cutting-edge techniques to test from A (annual review risks) to Z (valuing zero-coupon bonds)
- Samples of how CCOs devise tests to respond to new regulatory concerns
- The best ways to document test results – and post-test remedial steps
- Examples of how SEC examiners quiz advisers on forensic testing
Speakers:
Veronica Stork, CCO, Trilogy Global Advisors
Adam Reback, CCO, J. Goldman & Company
Mark Schein, CCO, York Capital
DVD #7
Understanding the Potential and Limits of Advertising & Marketing
Have you felt the pressure in the last year from insistent marketers – anxious to drum up new business – attempting to put the squeeze on compliance to permit questionable claims? You wouldn’t be alone. This session hands you strategies for holding your ground. Plus, our panel passes on what’s permissible and what’s not when using social networking and firm Web sites, examples of mistakes firms make when it comes to disclosures, the SEC’s latest hot-spots when it comes to advertising and marketing and more, including:
- The lines drawn by recent no-action letters related to advertising
- New strategies for marketing on your Web site
- Examples of marketing language to avoid
- The latest on how advertising and marketing comes up during exams
- A list of the hot-button enforcement cases tied to advertising
- New rules governing affiliated marketing
Speakers:
Sarah Bessin, director, Division of Investment Management, Securities and Exchange Commission
Paula Bosco, director of Compliance, New Mountain Capital
Michelle Jacko, CEO, Core Compliance & Legal Services
DVD #8
Tackling Conflicts of Interest: Tips to Identify & Disclose Them
The Advisers Act doesn’t prohibit conflicts of interests, merely that you disclose them. The difficulty comes in uncovering potential conflicts so you can acknowledge them. This session includes suggestions for how compliance officers can redouble their efforts to discover conflicts, train staff to recognize and report them and use venues beyond your firm’s Form ADV to make disclosure. You’ll also hear about steps you can take to improve your due diligence of service providers to spot potential conflicts, plus:
- How the SEC expects you to address conflicts of interest
- Strategies to get access persons to reveal outside business interests
- New ideas to energize your annual review to spotlight conflicts
- How to ask about relatives’ business interests
- Get a risk matrix you can use to aid in finding and tracking conflicts
Speakers:
Gene Gohlke, Associate Director, Office of Compliance Inspections and Examinations, Securities and Exchange Commission
Michelle Logue, CCO, Lockwood Advisors
Ann Oglanian, President, ReGroup
DVD #9
Innovative Techniques to Spruce Up Your Compliance Training
Your search for new ways to jazz up your training efforts need look no further than this CCO-only panel. Our panelists pride themselves in creative and exciting approaches to training. For example, don’t miss using a rendition of Jeopardy! to enliven your next training session. Perhaps ratings for your version of the “Compliance Feud” would beat the Family Feud’s. Take notes and go home with great ideas, including:
- Ways to integrate fun and information into a powerful training tool
- How to announce an upcoming training session sure to capture staff attention
- Ideas to stage a quick-training event around an emerging regulatory change
- Techniques to follow up on training to keep the message alive
Speakers:
Tammy Eisenberg, CCO and general counsel, Diam U.S.A.
Cathy Simmons, CCO, Legacy Wealth Management
Mai Shiver, CCO, Wells Capital Management
DVD #10
CCO Liability: Where Your Risks Lie and What You Can Do About Them
You’ll find more cases naming CCOs amid the stepped-up activity by SEC enforcement staff than ever – another sign, as Chairman Mary Schapiro has suggested, that the agency has higher expectations for compliance staff. This session hones in on exactly what you want to know – “what are my risks and how can I avoid them?” The panel puts the discussion in the context of our times, that years after the Compliance Program Rule, firms’ compliance programs must be more sophisticated even in a time of tight budgets. You’ll hear:
- An overview of recent enforcement cases targeting CCOs
- A discussion of the top risk areas and how to protect yourself
- Realistic parameters of a CCO’s responsibilities
- Tips for how to respond if you suspect you may be the target of an investigation
- Actions you can take to demonstrate to the SEC that you’re on top of your program
Speakers:
Walter Ricciardi, partner, Paul Weiss Rifkind Wharton
Andrew Polland, vice president of Legal and Regulatory Counsel, Fortess Investment Group
David Blass, special counsel, Willkie Farr & Gallagher
DVD #11
A Road-Map to Rock-Solid Risk Assessment and a Stellar Annual Review
The Compliance Program Rule dictates you conduct an annual review and virtually every SEC document request letter asks for papers related to “annual [review] and/or interim reports,” so there’s no escaping this fundamental responsibility. The key is carrying out the tasks in ways that will save you time and demonstrate to the SEC that you’re all over your program. This by-CCOs for-CCOs session closes our conference with tested, in-the-trenches techniques your peers use to create stellar annual and interim reviews, and includes:
- The five essential areas for any on-target annual review
- Pointers on how to spread out your review throughout the year
- Best practices that save you time and effort
- Examples of actions to take based on what your reviews tell you
- Tools-you-can-use to assess your risks and pinpoint your compliance efforts
Speakers:
Christina Sears, CCO, American Beacon Advisors
Rob Tull, vice president and Compliance Officer, ING Clarion Real Estate Securities
Todd Spillane, CCO, Invesco
