IA Compliance: The Full 360° View West

Critical and Timely Insight for Investment Adviser Compliance Professionals

November 2, 2017
The Los Angeles Athletic Club

Thursday, November 2, 2017

7:30 a.m. – 8:30 a.m.

Registration and Continental Breakfast

8:30 a.m. – 9:00 a.m.

Keynote Address: Michele Wein Layne, Regional Director, SEC’s Los Angeles Regional Office

Michele Wein Layne has a wealth of experience at the SEC. She has served as the Los Angeles Office Regional Director for 5 years and has been with the Commission for nearly 25 years. As Regional Director, she manages the exam and enforcement programs for the office, which has jurisdiction in Arizona, Hawaii, Guam, Nevada and Southern California. Hear the priorities she is currently pursuing for the L.A. regional office and what trends they are seeing.

Speaker: Michele Wein Layne, Director, SEC’s Los Angeles Regional Office, Los Angeles.

9:00 a.m. – 10:00 a.m.

New Form ADV Disclosures:  What’s Changed and How to Prepare

Preparing for the upcoming Form ADV Part 1 changes is essential. Amendments filed after October 1, 2017 will require more data about the adviser to allow greater transparency to regulators and the public. During this interactive panel discussion, we will summarize these recent amendments and explore the new reporting requirements for:

  • Separately Managed Accounts, including Portfolio Information by Asset Types, Custodians Used by Clients, Use of Derivatives and Borrowings;
  • New, Specific Information on the Adviser’s CCO;
  • Using Social Media for Business Purposes; and
  • Umbrella Registration for Private Funds.

This session will also focus on practical ways to commence gathering this data and consider what you can do to help your firm prepare.

Speakers: Bob Conca, Partner, Jacko Law Group, PC, San Diego; Deborah Lamb, CCO, McKinley Capital Management, LLC, Anchorage; and Adam Stutz, Compliance Consultant, Core Compliance & Legal Services, Inc., San Diego.

10:00 a.m. – 10:30 a.m.

Refreshment Break - Network with Your Peers in the Exhibit Hall

10:30 a.m. – 11:15 a.m.

Today’s Hottest Compliance Issues - Straight Talk so You Don’t Get Burned

Our panel will take an insightful look at the hottest compliance issues breaking as we convene in November. We’ll examine, among other issues, the fate of the Labor Department’s full fiduciary duty rule. Whether it’s the newest slant in how the SEC views custody or revised rules coming out of Washington, you get straight talk, helpful guidance and timely insights into the hottest compliance issues affecting you.

Speakers: John Berry, Associate Regional Director for Enforcement, Securities and Exchange Commission, Los Angeles; Peter Altman, Senior Counsel, Akin Gump Strauss Hauer & Feld LLP, Los Angeles; Lorraine Echavarria, Partner, Wilmer Hale, Los Angeles; and Pamela Pendrell, CCO, Globe Flex Capital, San Diego.

11:15 a.m. – 12:00 p.m.

Case Study: Handling Aging Client Issues

As the American population continues to age, advisers are faced with the challenge of addressing aging client servicing issues. Often, issues arise as a result of diminished capacity and/or financial exploitation. In this panel, we will review the regulations governing advisers servicing aging clients, and through a hypothetical case study, discuss compliance and operational considerations for:

  • How to communicate with clients about aging client issues;
  • Establishing emergency “trusted” contacts at the account opening stage;
  • What to do if you detect diminished capacity; and
  • Detecting and handling financial exploitation of elderly clients.

Throughout this discussion, panelists will focus on practical tips on how to protect your aging clients and your firm from liability.

Speakers: Jon Hadfield, Executive Director, USAA, San Antonio; Paul Hynes, CEO, Hearthstone Private Wealth Management, San Diego; and Dave Sobel, FINRA Specialist, Jacko Law Group, PC., San Diego.

12:00 p.m. – 1:00 p.m.

Lunch: The Indispensable Value of Expanding Your Network

Enjoy lunch on us, meet new friends among your peers and hear fellow CCO and President of the Southern California Compliance Group Jon Beyrer describe the importance of building your professional network. Aid your career and have fun along the way with tips that will serve you for years to come.

Speaker: Jon Beyrer, Director/Wealth Management, CCO, Blankinship & Foster LLC., President, Southern California Compliance Group, San Diego

1:00 p.m. – 2:00 p.m.

Expectations for Performing Due Diligence

Investment advisers have a fiduciary duty to protect their clients and act in their best interest. Regulators have made it clear that they expect financial firms to conduct initial and ongoing due diligence not only on investments, but also on investment managers and third-party service providers. During this session, we will discuss the regulatory expectations for financial institutions to perform due diligence on third-party service providers, including:

  • Common challenges faced when evaluating third-party service providers;
  • Structuring, documenting and maintaining your due diligence program;
  • How to prepare and analyze due diligence questionnaires; and
  • Best practices for developing due diligence P&Ps to assess potential risks.

The panelists also will address supervisory controls, systems and vendor contract provisions to consider as part of an adviser’s due diligence process.

Speakers: Robert Boeche, Compliance Consultant, Core Compliance & Legal Services, Inc., San Antonio; Matt Lovett, CCO, Brookstone Capital Management, Chicago; and Tito Pombra, CCO, Matthews Asia, San Francisco.

2:00 p.m. – 3:00 p.m.

How to Write Effective, Compliant Disclosures (Workshop)

One of the top deficiencies often cited by regulators involves inadequacy of disclosures. Transparency about an adviser’s business is critical in allowing clients to have an opportunity to decide whether they wish to engage (or continue engaging) an advisory firm for services.

The SEC continues to emphasize the importance of meaningful, clear and useful disclosure. In order to accomplish this, it is imperative to formulate disclosures in “plain English” customized to the adviser’s business. This workshop session will allow participants an opportunity to detect common adviser business practices and related conflicts, focusing on:

  • How to identify and document conflicts of interest to clients;
  • Considerations for disclosing compensation arrangements, solicitor relationships, outside business activities, fee structures and valuations;
  • Types of summary disclosures provided to clients; and
  • Authoring performance advertising disclosures.

Through case studies, attendees will be asked to issue spot and discuss what needs to be disclosed, the document(s) to use for such disclosure and the content of the disclosure.

Speakers: Michelle Jacko, CEO, Core Compliance & Legal Services, Inc., San Diego; Michael McGrath, Partner, K&L Gates, Boston; and Tina Mitchell, Lead Sr. Compliance Consultant, Core Compliance & Legal Services, Inc., Los Angeles

3:00 p.m. – 3:15 p.m.

Refreshment Break & Exhibit Finale

3:15 p.m. – 4:15 p.m.

SEC Exams and Enforcement: The Current Regulatory Landscape

The number of exams being conducted by the SEC are on the rise and only projected to increase. Hear from the head of the exam program in the Commission’s L.A. office Bryan Bennett as he details those high-risk areas where examiners are currently focusing their efforts and key trends being seen on exams. Bennett’s colleague Alka Patel, an associate director for enforcement, will cover the current enforcement landscape and reveal what types of cases are garnering the most attention.

BONUS: Secure SEC exam document request letters from varied regions, a spreadsheet of 31 potential fields of client data that can be requested by examiners, a “day 1” PowerPoint for SEC examiners, and more.

Speakers: Bryan Bennett, Associate Regional Director, SEC’s Los Angeles Regional Office; Julie Dixon, CEO, Titan Regulation, San Francisco; and Alka Patel, Associate Director for Enforcement, SEC’s Los Angeles Regional Office.

4:15 p.m. – 5:00 p.m.

Cybersecurity and Business Continuity Planning - the Essentials

Cybersecurity is the #1 risk for investment advisers, according to SEC examiners. The Commission has called out the critical need for cyber risk assessment and identified six core areas firms should be focused on. Our panel will take a deep dive on these areas, offer up sure fire compliance best practices, reveal burgeoning risk areas and touch on the overarching issue of business continuity planning. We close with this can’t miss session all compliance officers should be dialed into.

BONUS: Your conference download materials include a data breach incident response plan, sample cyber P&Ps, a BYOD agreement, a cyber due diligence vendor questionnaire, cyber-focused SEC document request letters, and more.

Speakers: Kurt Nuñez, Compliance Consultant, Core Compliance & Legal Services, Inc., San Francisco; and Erik Rasmussen, Managing Director, North American Practice Leader, Cyber Security and Investigations, Kroll, Los Angeles.

5 p.m.