Overview of the Whistleblower Rule: Drafting Internal Policies and Procedures, Document Preservation, Who Should conduct the Investigation, Drafting the Final Report

There is little doubt that COVID-19 has had huge impacts on our supply chain, and the effects can be felt by the increase in prices and availability of goods. While it is uncertain if inflation is here to stay or transitory, the undefined outlook of interest rates, coupled with massive leverage extension, and increased capital supply should drive firms to better understand the sufficiency of controls they have to manage a change in the economy.

Unforeseen calamities have exposed weaknesses, requiring firms to take a different approach to sustain long-term organizational resilience and growth. These developments have also significantly impacted the way firms approach and think about trader surveillance. In this session, we will discuss –

Recent developments and approaches to Operational Resilience, including:
1) Emerging expectations from the regulators
2) Operating models and frameworks
3) Scenario planning

Market trends in the trade surveillance space, including:
1) The rationalization of surveillance portfolios
2) Tuning and optimization of surveillance patterns
3) Risk ranking of alerts”

Concurrent Sessions: View Live Today or On-Demand (On-Demand viewing will start the following day and will be available to view at your leisure until August 20. CLE Credit will also be available for on demand viewing.

• Elephant in the room – why is DEI progress so slow?
• Ethical issues for collecting and USING data to advance DEI (ABA Resolution 113)
• Paths for Advancement and Senior Leadership
• Joint Development of Diverse Talent – Outside Counsel Engagement

• Evolving Regulatory Expectations for Compliance Programs
• Compliance Challenges in a Hybrid Work Environment
• Effective Escalation
• Employee Oversight and Evolving Monitoring Expectations

• Changes to surveillance over the last year due to the remote work environment and evolving expectations
• What are the key components of a great surveillance program?
• How are Artificial Intelligence, Machine Learning and Data Analytics Tools being used in Financial Services?
• Regulatory Guidance on Using Social Media
• Recent Disciplinary Actions Involving Electronic Communications and Surveillance
• Challenges with Supervision and Record Retention of Communication Apps
• Managing Increasing Digitization in the Workplace

• The benefits and drawbacks of negotiating in a virtual environment vs. in person
• Virtual and In Person: best practices, strategies and tactics from opening through closure
• Developing rapport, persuasion and effective communication in a virtual environment
• Virtual Mediation, bi-lateral discussions and other tools
• Ethical issues in negotiation:  good faith, conflicts, confidentiality
• The impact of diversity (or lack thereof) on negotiations

• Mutual fund and ETF recommendations
• • C Share holdings and conversions to A Shares
  • Unit Investment Trusts
  • A Share recommendations in comparison to Passive/Active ETF shares
  • Leveraged and Inverse ETFs
  • 529 plans and differing share classes
• Managed accounts versus brokerage accounts
  • Supervising the account type recommendation and validating on an ongoing basis
  • Third party management versus financial advisor discretion
  • Documenting the value provided for the investment advice fee paid
  • Holding concentration limits
• Annuities Recommendations – riders and share classes
  • Which to recommend (Variable, Structured, Fixed Rate, Fixed Indexed)
  • Income riders
  • Share class differences
• Alternative investments for retail clients
  • For which clients are these appropriate
  • What concentration limits for such products

The session is designed for participants to grapple with real organizational problems as they learn the dynamic concepts and skills of effective coaching.  As they deal with these issues they explore the assumptions embedded in their view of the problem, and how these assumptions often drive their thinking and behavior.  By learning to actively surface and test their thinking and the logic inherent in their views, participants can greatly enhance their organizational and professional effectiveness, and effectively tackle problems that would otherwise go unaddressed or unsolved.

Participants will increase their ability to …

• Identify organizational, team, and interpersonal situations that they find most problematic and recognize why their best efforts to deal with these situations are often ineffective.
• Develop skills for having responsibly robust conversations with people in higher positions of authority so that critical bottom-up communication remains open and productive.
• Foster conditions that will enable people to act with high levels of candor, respect, and responsibility as they engage difficult, complex issues.
• Significantly reduce destructive finger pointing and blaming when dealing with tough problems and issues, and keep people focused on the relevant issues.
• Apply new action models for advocacy and inquiry to real business issues.

Join us for a One-Hour, Live Streamed, Lunch & Learn Session, hosted by SIFMA’s C&L Virtual Forum Diamond Sponsors.  Each Lunch & Learn Session will offer an opportunity to listen to thought leadership on a topical subject, hosted on a Zoom platform and can potentially offer CLE Credits.  SIFMA will also host a raffle drawing after each lunch and learn for participants who attend the entire session.  Additionally, Lunch & Learn Sessions are eligible for gamification points.  Space is limited to 50 per lunch & learn and it is first-come at the time of the session. More details to follow. Stay tuned!

Join us for a discussion on the following topics:

• SEC, FINRA, and DOJ Rules and Guidance
  • SEC’s cooperation program
  • FINRA Rule 4530(b), Regulatory Notice 08-70 and 19-23
  • DOJ guidance on cooperation
• Self-Reporting Initiatives
  • SEC (Municipalities Continuing Disclosure Cooperation, Customer Protection Rule, Share Class Selection Disclosure)
  • FINRA (Mutual Fund Share Class Waiver and 529 Plan Share Class Initiative)
• Practical considerations for firms
• Trends in self-reported settlements

The past decade has seen the proliferation of text and app-based messaging. The COVID-19 pandemic has only accelerated the trend as employees increasingly turn to digital means of communication for business-related matters in a global remote work environment. Financial firms should take note of the legal risks associated with employees using text and app-based messaging, including the risk of ignoring red flags that employees are using such means of communication. This presentation will feature a discussion of the legal landscape and practical guidance for minimizing regulatory risks.  The webinar will include updates from U.S. regulators, such as the Financial Industry Regulatory Authority (FINRA), and U.K. regulators, such as the Financial Conduct Authority.

We will examine market developments and regulatory considerations in a range of instruments designed to facilitate the global transition to a lower-carbon economy.  The session will cover carbon markets in various jurisdictions as well as listed and OTC derivatives linked to such markets.  We will also discuss the rise of newer types of sustainability-related derivatives, including instruments designed to mitigate climate litigation risk and transactions with payment terms linked to ESG KPIs.

• The Market Regulation surveillance and examination programs
• FINRA’s examination and risk monitoring programs
• Rulemaking initiatives
• Enforcement priorities

Join speakers, SIFMA’s C&L Executive Committee and Future Leaders in smaller networking sessions to talk about today’s sessions.  These sessions will take place in a Zoom room, space is limited to 25 per networking topic and it is first-come at the time of the session.

Join speakers, SIFMA’s C&L Executive Committee and Future Leaders in smaller networking sessions to talk about today’s sessions.  These sessions will take place in a Zoom room, space is limited to 25 per networking topic and it is first-come at the time of the session.

“— how a successful team must have members with multiple analytical and decision making styles
— how a meaningful diversity, equity and inclusion program plays a critical role in proper team building, but is not, in and of itself, sufficient for long term success
— how successful teams must be replenished in order to avoid defaulting to decisions that may have worked in the past but may not be appropriate for the immediate problem. ”

Activists, NGOs and investors are increasingly scrutinizing organizations’ commitment to their environmental, social and governance (ESG) goals and initiatives, and identifying gaps in their programming. As such, companies can no longer afford to stay on the sidelines, but must embrace the new world order. This digital learning lab will explore how financial institutions should throw out their old playbooks and adopt new ways of thinking in order to mitigate risk, strengthen resilience and match their ESG aspirations to action.

Concurrent Sessions: View Live Today or On-Demand (On-Demand viewing will start the following day and will be available to view at your leisure until August 20. CLE Credit will also be available for on demand viewing

• The Boundaries of Ethical Lawyering
• Ethical Considerations for Inhouse Counsel
• Ethics Issues in Government and Internal Investigations
• Hot Topics and Emerging Trends/Themes

• Examination Priorities tied to Reg BI as we pass the first anniversary
• Examination focus on AML and particularly Low Priced Securities and foreign accounts following the SEC Staff Bulletin and FINRA Notice 21-03
• Priorities tied to current events, such as platform availability despite high volumes, margin, short selling, digital currencies and other emerging areas of focus (FINRA Notice 21-12 & 21-15)
• Focus areas connected with the remote working environment, including the additional use of technology and electronic communications as well as business continuity plans
• Increased focus on cybersecurity and account takeovers give some of the increased account takeovers and FINRA Notice 21-14
• Continued SEC focus on revenue sharing related to products and payment for order flow
• Best Practices for successfully managing a regulatory examination
• Any areas of difference for BDs and RIAs should be highlighted and while some topics aren’t directly applicable to an RIA, we might consider how the fiduciary duty impacts the decision making process

• Initial Public Offering of SPAC
  • Sponsor Promote:  existence of sponsor promote creates structural misalignment between sponsors and investors, structural reforms to eliminate misalignment (e.g. Ackman SPAC)
  • Due Diligence and Disclosure:  conflicts/sponsor compensation, warrant accounting
• SPAC Business Combination with Operating Company
  • Pitching/business selection
  • Managing internal conflicts associated with various roles available to firms
  • Managing conflicts between firm and SPACs raised by firm
  • Due diligence and disclosures in PIPE offering documents and proxy statement
  • Potential legal and/or regulatory liability

• Litigation and Arbitration in the Wake of COVID-19:  Where Are We Now and Where Are We Heading?
• In the Zoom Where It Happens:  Conducting Effective Remote and Hybrid Investigations
• Navigating the Current Enforcement Landscape:  Maximizing Cooperation and Regulatory Good Will Virtually
• Strategic Considerations for Data and Document Collection, Preservation and Confidentiality in the Remote Environment
• Avoiding Traps for the Unwary with Witnesses and Remote Proceedings

• • Regulation Best Interest, one year on
  • The DOL Fiduciary Rule
  • State broker-dealer fiduciary/best interest initiatives
  • CFP Board Standards of Conduct

1. The Biden Administration Begins: Changes at U.S. Enforcement Agencies
2. New Enforcement Trends & Priorities
   1. Market manipulation/movement
   2. SPACs
   3. ESG
   4. FCPA & AML

3. Expansion of SEC Disgorgement Power