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IAA Investment Adviser Compliance Conference 2021 - Effective Strategies & Best Practices

2021 Compliance Conference

Agenda

Wednesday, March 3, 2021

(All times are Eastern)

10:00am – 6:00pm Exhibit Hall Open

 

11:00am – 12:00pm Optional Session: Ethics for Advisers – Part 1

This session is approved for one hour of IACCP® continuing education ethics credit.

An adviser’s code of ethics reflects its fiduciary obligation to its clients. Discuss codes of ethics, and related policy issues and scenarios, and best practices for monitoring, testing, administering and enforcing these policies.

  • Kevin EhrlichManager, U.S. Regulatory Affairs & CCO, Western Asset Management Company
  • Gretchen E. LeeChief Compliance Officer, Clifford Swan Investment Counselors
  • Kurt Wachholz, IACCP, Executive Consultant and Director of Education, National Regulatory Services
  • Sara Crovitz, Partner, Stradley Ronon Stevens & Young, LLP, MODERATOR

 

12:05 – 12:15pm Welcome Remarks

  • Jon K. HadfieldChief Compliance Officer, Vanguard Global Advisers, LLC, Conference Chair
  • Karen L. BarrPresident & CEO, Investment Adviser Association

 

12:20 – 1:05pm GENERAL SESSION: Hot Topics from Inside the Beltway

Hear about what’s happening on Capitol Hill, the change in Administration, and noteworthy regulatory developments.

  • Rana WrightPartner, Chief Administrative Officer and General Counsel, Harris Associates, L.P.
  • Langston EmersonPartner, Mindset DC
  • Neil SimonVice President, Government Relations, Investment Adviser Association
  • Karen L. BarrPresident & CEO, Investment Adviser Association, MODERATOR

 

1:05 – 1:30pm Break

 

1:30 – 2:15pm GENERAL SESSION: Investment Management: A Conversation with SEC Acting Director Sarah ten Siethoffwith Gail Bernstein, IAA General Counsel

Followed by a Conversation with Dr. Alexander SchillerAssistant Director of the Office of Asset Management, SEC Division of Economic and Risk Analysis

 

2:20 – 2:50pm Diversity, Equity, and Inclusion in the Investment Management Industry

Featuring a panel of IAA members sharing stories and suggestions for how we can all contribute to making the profession more diverse, equitable, and inclusive.

  • Robert E. Burks, Jr.Chief Compliance Officer, Brown Capital Management, LLC
  • Carlotta KingGeneral Counsel and Corporate Secretary, Diamond Hill Capital Management, Inc.
  • Hope L. NewsomeManaging Partner, Virtus LLP, MODERATOR

 

2:50 – 3:15pm Break

 

3:15 – 4:15pm Concurrent Breakout Sessions

Choose one of four sessions to attend. Video recordings of these breakout sessions will be available online to conference attendees shortly after the conference.

  1. Risk Management for Larger Firms
    Hear how compliance and legal professionals at larger firms can learn the advisory business from portfolio managers, traders, and other operations colleagues. Learn tips for working with business managers – your first line of defense – and becoming better partners in strategic risk management. Discuss dealing with tension between different risk appetites. Consider circumstances that contribute to or mitigate CCOs’ personal liability. Gain ideas for handling flat or shrinking compliance budgets in an era of extended market volatility and contracting revenues.

    • Jon K. HadfieldChief Compliance Officer, Vanguard Global Advisers, LLC
    • Rosa Licea-MaillouxVice President, Director of Corporate Compliance, MFS Investment Management
    • Melissa SchiffmanCompliance Manager and Vice President, J.P. Morgan Asset Management
    • Carlo di FlorioPartner and Global Chief Services Officer, ACA Compliance Group
    • Karen A. AspinallPartner, Practus, LLP, MODERATOR

 

  1. Risk Management for Smaller Firms
    Hear how compliance and legal professionals at smaller firms can learn the advisory business from portfolio managers, traders, and other operations colleagues. Learn tips for working with business managers – your first line of defense – and becoming better partners in strategic risk management. Discuss dealing with tension between different risk appetites. Consider circumstances that contribute to or mitigate CCOs’ personal liability. Gain ideas for handling flat or shrinking compliance budgets in an era of extended market volatility and contracting revenues.

    • Geoffrey EdelsteinCo-Founder, Principal & Portfolio Manager, Granite Investment Partners, LLC
    • Sarah Ronnenberg, IACCP, Compliance Director, Horizon Investments, LLC
    • Neshie TiwariFormer Chief Compliance Officer and Counsel, Ellevest, Inc.
    • Linda Paullin-HebdenPartner, Warner Norcross & Judd LLP, MODERATOR

 

  1. ERISA Updates
    The Department of Labor has been very active in adopting rules and guidance that impact investment advisory firms, not without controversy. Topics will include the DOL’s ESG and proxy voting rulemakings, the new fiduciary exemption, and other ERISA issues facing investment adviser fiduciaries.

    • Kimberly H. NovotnySenior Associate General Counsel, Franklin Templeton
    • Kathy D. IrelandConsultant, K.D. Ireland Consulting, LLC
    • Bradford P. CampbellPartner, Faegre Drinker Biddle & Reath LLP
    • Sarah BuescherAssociate General Counsel, Investment Adviser Association, MODERATOR

 

  1. International Developments
    Explore hot topics on the international front, including Brexit implications, the EU’s new ESG regulatory framework, the EU Shareholder Rights Directive, and EU delegation rules. Hear compliance strategies to help firms operating in multiple countries.

    • Tracy SoehleSenior Vice President and Senior Counsel, Affiliated Managers Group, Inc.
    • Daniel WorthingtonVice PresidentLegal Counsel, T. Rowe Price
    • Michelle KirschnerPartner, Gibson, Dunn & Crutcher UK LLP, MODERATOR

 

4:20 – 5:00pm Virtual Happy Hour

Thursday, March 4

(All times are Eastern)

10:00am – 6:00pm Exhibit Hall Open

 

11:00am – 12:00pm Optional Session: Ethics for Advisers – Part 2

This session is approved for one hour of IACCP® continuing education ethics credit.

An adviser’s code of ethics reflects its fiduciary obligation to its clients. This panel will discuss the protection of material nonpublic information (MNPI) and prevention of insider trading, whistleblower policy issues and scenarios, and best practices for monitoring, testing, administering and enforcing these policies.

  • Eric C. (“Rick”) OppenheimGeneral Counsel & Chief Compliance Officer, Telemus Capital, LLC
  • L. Allison CharleySenior Principal Consultant, ACA Compliance Group
  • Kurt Wachholz, IACCP, Executive Consultant and Director of Education, National Regulatory Services
  • Genna GarverPartner, Troutman Pepper Hamilton Sanders LLP, MODERATOR

 

12:05 – 12:35pm GENERAL SESSION: Conversations with the Division of Examinations Director and the Division of Enforcement’s Asset Management Unit Co-Chiefswith Gail Bernstein, IAA General Counsel

  • Peter DriscollDirector, SEC Division of Examinations

 

12:35 – 1:05pm
  • Adam S. AdertonCo-Chief, Asset Management Unit, SEC Division of Enforcement
  • C. Dabney O’RiordanCo-Chief, Asset Management Unit, SEC Division of Enforcement

 

1:05 – 1:30pm Break

 

1:30 – 2:30pm GENERAL SESSION: Tips and Trends to Help Advisers Prepare for SEC Examinations

In addition to going over the SEC exam process and providing tips for preparing to be examined, the panel will help you understand exam trends in the COVID environment, common deficiencies, recent focus areas, and what to expect when examiners look at Form CRS and LIBOR issues.

  • Anil AbrahamAssociate General Counsel, Managing Director – Legal, Focus Financial Partners, LLC
  • Kristin A. SnyderDeputy Director, Co-National Associate Director and Associate Regional Director, SEC Division of Examinations
  • Michelle L. Jacko, CSCP, Managing Partner and CEO, Jacko Law Group, PC, and Founder and CEO, Core Compliance & Legal Services, Inc.
  • Mark PerlowPartner, Dechert LLP, MODERATOR

 

2:30 – 2:45pm Break

 

2:45 – 3:45pm Concurrent Breakout Sessions

Choose one of four sessions to attend. Video recordings of these breakout sessions will be available online to conference attendees shortly after the conference. 

  1. ESG Investing and Implementation
    Environmental, Social, and Governance investing has become a significant area of focus for regulators, investment advisers, and their clients. Topics will include recent regulatory activity related to ESG investing and issues advisers need to consider in developing an ESG strategy, including how to define ESG, understanding how your firm collects and discloses ESG data, and oversight of compliance policies and procedures.

    • Anthony EamesDirector, Responsible Investment Strategy, Calvert Research and Management
    • Sean MurphyVice President, EIG Global Energy Partners
    • Bob TonerChief Legal Counsel – Investment Management, William Blair Investment Management, LLC
    • Gwendolyn A. WilliamsonPartner, Perkins Coie, MODERATOR

 

  1. Adapting Technology to Improve Compliance Efficiency and Results
    Adding efficiency to often manually intensive efforts can be a more efficient use of resources and bring better results, including enhancing the review of communications. Hear how firms have adapted their use of technology to compliance in remote working environments, as well as how firms may be addressing data sharing and aggregation for clients. Panelists will identify “CompliTech” and “RegTech” uses that support the administration of compliance programs, such as trading oversight and overall workflow improvements. Learn also about the SEC’s new Strategic Hub for Innovation and Financial Technology (FinHub).

    • Alexander C. GavisSenior Vice President and Deputy General Counsel, Fidelity Investments
    • Jennifer B. McHughSenior Special Counsel, SEC Division of Investment Management Disclosure Review and Accounting Office, and Division of Investment Management Delegate to FinHub
    • Keith MarksExecutive Director, Compliance Solutions Strategies
    • Michael S. DidiukPartner, Perkins Coie LLP, MODERATOR

 

  1. Trading, Best Execution, and the Future of Soft Dollars
    Investment advisers’ trading practices are evolving. Examine the increasingly complex legal and compliance issues related to the duty to seek best execution, soft dollars and the provision of research, MiFID II, trade aggregation and allocation, and principal and cross trading. Explore hot topics including the move to zero commissions and disclosure practices.

    • Lori RenzulliChief Compliance Officer & Chief Counsel, Harding Loevner LP
    • Ari BursteinPresident, Capital Markets Strategies
    • Steven W. StonePartner, Morgan, Lewis & Bockius LLP
    • Monique BotkinAssociate General Counsel, Investment Adviser Association, MODERATOR

 

  1. COVID-19 Impacts
    In light of COVID-19’s unprecedented disruptions to advisory businesses, explore compliance lessons learned. This panel will address BCP, HR, tax, privacy, supervision, recordkeeping of virtual meetings and communications, vendor due diligence, office reopening issues, and policies governing employees who will remain working remotely.

    • Lee FariaChief Compliance Officer and Vice President, Columbia Management Investment Advisers, LLC
    • Christopher HayesPrincipal and Chief Compliance Officer, 1919 Investment Counsel, LLC
    • Jennifer L. KlassPartner, Baker McKenzie
    • Laura GrossmanAssociate General Counsel, Investment Adviser Association, MODERATOR

 

3:50 – 4:30pm Virtual Happy Hour

Friday, March 5

(All times are Eastern)

10:00am – 6:00pm Exhibit Hall Open

 

11:00 – 11:50am Optional Session: Service Provider Solutions

Choose one of four sessions to attend. Video recordings of these breakout sessions will be available online to conference attendees shortly after the conference.

  1. GameStop, Reddit, What’s Next? Oh My! Sponsored by Bates Compliance
    The frenzy in GameStop and AMC Entertainment Holding stocks has caused firms to pause and regulators to scrutinize practices to protect investors. Should we expect more online forum fueled frenzies? How should compliance prepare and address for this new reality?Join us as we walk through the GameStop frenzy:

    • What happened exactly?
    • What are the after effects?
    • What are regulators saying?
    • What should investment advisers do to prepare and protect their firm and clients going forward?
      • Linda ShirkeyManaging Director, Bates Compliance, Bates Group
      • Alex RussellManaging Director & Practice Leader, White Collar, Regulatory & Internal Investigations, Bates Group
      • Robert E. Burks, Jr.Chief Compliance Officer, Brown Capital Management, LLC
      • A. Valerie MirkoPartner, Baker McKenzie LLP

 

  1. Investment Advisory Firm Insights from Broadridge Fi360 Solutions
    Attendees will receive information on insights, observations and trends based on key findings from our Centre for Fiduciary Excellence (CEFEX®) assessment data report on investment advisory firms. CEFEX® conducts hundreds of independent, third-party assessments of investment advisory firms annually. Topics covered will include the following:

    • Investment strategies
    • Investment philosophy
    • Target date funds
    • 3(38) investment manager
    • Data security
      • Michael MuirheadSenior Director, Learning & Development, Fi360, A Broadridge Company

 

  1. SEC Hot Topic: Compliance Tips for Evaluating Your Firm’s
    Advisory Fees and Expenses Sponsored by Core Compliance & Legal Services, Inc.
    Advisory Fees and Expenses continue to remain a top SEC examination focus area. In its 2018 Risk Alert, “The Most Frequent Advisory Fee and Expense Compliance Issues Identified in Examinations of Investment Advisers,” the SEC provided guidance on compliance advisory fee issues identified in examinations, which remain a concern today. In this session, we will review highlights from the Risk Alert, including disclosure considerations and exam observations. We will review what to expect in terms of examination questions and document requests. Using a case study, we will explore best practices and forensic testing methods that compliance should consider in evaluating your firm’s advisory fees and expense practices. We will also provide key takeaways and risk management tips to consider for 2021.By attending this session, you will learn about:

    • The SEC’s guidance on the most common compliance issues involving advisory fees and expenses;
    • Common exam document requests;
    • Best practices and tips to consider for evaluating your firm’s advisory fees and expenses; and
    • The latest SEC exam questions related to advisory fee structures.
      • Michelle L. Jacko, CSCP, Managing Partner and CEO, Jacko Law Group, PC, and Founder and CEO, Core Compliance & Legal Services, Inc.
      • Janice PowellSenior Compliance Consultant, Core Compliance & Legal Services, Inc.

 

  1. Exam Deficiencies for Private Fund Advisers Sponsored by Foreside
    Private fund advisers face unique regulatory risks. In this session we’ll discuss common issues and deficiencies that fund advisers experience during SEC exams and practice tips to avoid them. Specific topics discussed will include conflicts of interest, allocation of fees/expenses, compliance programs, valuation, and Form ADV and Form PF filings.

    • Curtis FlippenSenior Director, Foreside Financial Group, LLC
    • Craig MoresheadManaging Director, Foreside Financial Group, LLC

 

12:00 – 12:30pm GENERAL SESSION: Fireside Chat with SEC Commissioner

  • The Honorable Hester M. PeirceCommissioner, Securities and Exchange Commission
  • Karen L. BarrPresident & CEO, Investment Adviser Association

 

12:35 – 1:35pm GENERAL SESSION: Cybersecurity and Data Privacy

Keep apprised of the latest cybersecurity and data privacy updates. What are the takeaways from the Division of Examinations’ ransomware and credential stuffing Risk Alerts? In addition to California, what key state law developments should advisers watch out for? What are the prospects for national privacy legislation? What are some approaches to complying with a myriad of data privacy laws?

  • Keith E. CassidyAssociate Director, Technology Controls Program, SEC Division of Examinations
  • Tess MacapinlacPrivacy Legal Associate, OneTrust
  • Tim Villano, CISA, CISM, CGEIT, CRISC, Chief Information Officer, Artemis Global Security, LLC
  • Kirk NahraPartner, WilmerHale, MODERATOR

 

1:35 – 1:50pm Break

 

1:50 – 2:50pm Concurrent Breakout Sessions

Choose one of four sessions to attend. Video recordings of these breakout sessions will be available online to conference attendees shortly after the conference.

  1. Individual Clients: Retail and Senior Client Matters
    Obtain guidance on appropriate policies, procedures, and training in the areas of retail and senior clients. Discuss how to handle difficult situations involving problematic clients. Understand changes to solicitation and finders rules.

    • Julius Leiman-CarbiaChief Legal Officer & Chief Compliance Officer, Wealthfront Inc.
    • David WongChief Financial Officer & Chief Compliance Officer, Private Wealth Partners, LLC
    • Joelle A. SimmsPrincipal, Bressler, Amery & Ross, P.C.
    • Mari-Anne PisarriPartner, Pickard Djinis and Pisarri LLP, MODERATOR

 

  1. Private Equity Funds Update
    Address key regulatory issues for private equity fund advisers, including the impact of the new Marketing Rule, allocation of fees and expenses, conflicts of interest and disclosure, valuation, ESG, changes to solicitation and finders rules, and other legal and compliance issues unique to private equity fund advisers. Discuss initiatives in the Private Funds Unit of the Division of Examinations.

    • Letti de LittleChief Compliance Officer, Grain Management, LLC
    • Alexandria StuartVice President, Head of Compliance & Senior Counsel, Private Equity, Vista Equity Partners
    • Igor RozenblitCo-Head, Private Funds Unit, SEC Division of Examinations
    • Alpa PatelPartner, Kirkland & Ellis LLP, MODERATOR

 

  1. Registered Funds: The Latest Developments
    Discuss SEC regulations and guidance affecting advisers and sub-advisers of registered funds, including the new fair valuation rule, the derivatives rule, and disclosure practices.

    • J. Christopher JacksonSenior Vice President & General Counsel, Calamos Investments LLC
    • Naseem NixonVice President and Associate Counsel, Capital Group
    • Brian M. JohnsonAssistant Director, SEC Division of Investment Management
    • Nathan BriggsPartner, Ropes & Gray LLP, MODERATOR

 

  1. The Third Line of Defense: The Intersection of the Audit and Compliance Functions
    Understand internal audit practices and how auditors look at compliance functions. Discover how compliance can facilitate working with internal and external auditors. Discussion will include auditing during the pandemic, PCAOB priorities, SEC initiatives including the new fair valuation rule, and actions against accountants.

    • Steve PerazzoliPartner, PricewaterhouseCoopers LLP
    • John E. (“Jack”) Thomas, Jr.Senior Vice President & Audit Director, Asset Management Group, PNC
    • Daniel GoelzerMember, Sustainability Accounting Standards Board, and Retired Partner, Baker McKenzie
    • Paul GlennSpecial Counsel, Investment Adviser Association, MODERATOR

 

2:50 – 3:05pm Break

 

3:05 – 4:20pm GENERAL SESSION: The New Marketing Rule for Advisers

Panelists will walk through the significant elements of the overhauled Advertising and Solicitation Rules, what those changes mean for advisers, and strategies for coming into compliance with new communication and recordkeeping requirements.

  • Pamela F. PendrellChief Compliance Officer/Partner, GlobeFlex Capital, L.P.
  • Melissa HarkeSenior Special Counsel, SEC Division of Investment Management
  • Michael W. McGrathPartner, K&L Gates LLP
  • Sanjay LambaAssociate General Counsel, Investment Adviser Association, MODERATOR

 

4:20 – 4:30pm Closing Remarks and Conference Adjournment

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