Boca 2015 Compliance Conference
 
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The Evolving Regulatory Landscape with John Walsh 

Keynote Speaker – Larry McDonald, Noted Economist and Author 
At the height of the 2008 financial crisis, Mr. Lawrence McDonald wrote the book, “A Colossal Failure of Common Sense: The Inside Story of the Collapse of Lehman Brothers.” Hear Larry bring his extraordinary insights and perspectives as both insider and economist on the latest trends in the financial industry and what it portends for regulation.

Featured Speaker – Helen Sharkey, Ethics, Accountability & Whistleblower Responsibilities 
Helen Sharkey was hired as an accountant in 1996 by Dynegy that was an up and coming energy trading company in Houston. She had no idea the job would ultimately lead to 28 days in a maximum security federal prison. She will be telling her story that led to her prison and how she has rebuilt her life in the aftermath.

Regulatory Roundtables with former and current FINRA, SEC, and State regulators (BD)
Hear from key regulatory professionals from FINRA, the SEC or States regarding hot topics, exams findings and other key topics that should be front and center for every broker-dealer.

Regulatory Roundtables with former and current SEC and State regulators (RIA)
Hear from current and former SEC and State regulators on the compliance topics they feel should be front and center for every investment adviser.

You’ve Been Designated CCO, What’s Next? (BD)
As CCO you face a number of challenges including balancing the business needs of the firm with regulatory requirements and ensuring the personnel and activities of the firm are being supervised in accordance with the rules and firm policies. Learn what the role of the CCO includes and how this differs from that of a supervisor as well as how to create a culture of compliance within the firm.

Risk Management and CCO Liability (RIA)
Rule 206(4)-7 under the Advisers Act requires each SEC-registered advisory firm to appoint a CCO who will administer its compliance program. To the SEC, appointment of a CCO with overall responsibility for management of an adviser’s compliance program is a key element of investor protection. With this responsibility, however, comes risk and potential liability. In this session we will discuss the current regulatory landscape for CCOs, review case studies, and provide practical tips for CCOs to manage their risk.

New Form ADV Disclosure Obligations
The SEC has proposed rules and amendments intended to improve the depth of information provided by advisers on Form ADV to facilitate the SEC’s risk monitoring initiatives. The proposal would amend Form ADV in three areas: 1) fill data gaps and enhance reporting requirements, especially around separate account assets under management, 2) incorporate “umbrella” registration for private fund advisers (i.e. relying advisers), and 3) provide clarifying, technical and other amendments to existing items and instructions. During this session we will review and discuss implications of the new disclosure requirements.

Demystifying Compliance for Dual Registrants
Compliance can be more complex for dually registered Broker-Dealer / Registered Investment Advisory firms. Often regulations differ substantially, making it difficult to structure a meaningful/workable program. Join this session to “demystify” your firm’s compliance requirements pertaining to areas such as advertising, best execution, supervision and conflicts of interest.

Marketing & Social Media in a Device-Driven World
Communicating with clients and prospects today isn’t what it used to be. With all of the alternative electronic communication channels available, broker-dealers and investment advisers must be extra cautious to ensure compliance with regulatory requirements. Join industry thought leaders in this session as it focuses on applying existing regulations to the newest forms of communications, with emphasis on how to stay compliant when marketing your firm’s services across multiple electronic media.

Conducting Meaningful Best Execution Reviews
All advisers who place transactions for clients have a fiduciary duty to obtain best price and execution. Many advisers are negligent in conducting thorough best ex reviews, and the SEC continues to raise this issue, with particular emphasis on advis¬ers who have the ability to place client transactions through an affiliate. Industry “best ex guru”, Dave Sobel, discusses concerns impacting all advisers who place client transactions as well as tips for conducting meaningful best execution reviews.

Don’t Be Conflicted – Is it an OBA or PST?
How do you determine if an activity of a representative is an outside business activity or a private securities transaction? What is the difference? If it is disclosed, does it matter what we call it? Get these answers and more…

Growing Your Business with Regulatory Confidence
Growing the firm is the top priority of every employee – including the compliance team. Come listen and engage with experienced practitioners as they describe their successes and set-backs in the delicate balance between aggressive growth and compliance.

Dodd-Frank and the JOBS Act Revisited
Dodd-Frank and the JOBS Act changed the landscape of financial regulation. As rules promulgated by the changes are being enacted, firms are left scratching their heads trying to decipher what applies, and how to apply it. This session will look at the Acts, what is applicable now and how these rules impact broker-dealers and investment advisors.

Senior Sales Practices
As the country’s workforce progresses toward retirement, there is increasing demand for sound, suitable retirement advice. However, diminishing financial capacity of clients, suitability concerns, and unethical sales practices have raised the issue of servicing seniors and those close to retirement to a new level for regulators. This session will be an interactive discussion on how to protect and service your clients without raising regulatory concern.

Protecting Investors/Seniors
Seniors and investors of diminished capacities are particularly vulnerable to scams and unscrupulous sales tactics. The SEC, FINRA and the state regulators have all expressed concern about the way in which products and services are offered to this growing group of investors. This session will explore these concerns and areas of focus that every firm should consider in offering products or services to such clients. This session will also cover regulatory concerns/studies from FINRA/SEC perspectives.

Oversight of Service Providers (Due Diligence)
While outsourcing some of a firm’s operational and compliance functions often makes sense, firms cannot outsource their responsibility to ensure compliance with regulatory requirements and to ensure the protection of client information. This session will discuss best practices in overseeing third-party providers, including technology vendors, trading platforms, and third-party managers. Identifying and disclosing conflicts of interest, conducting periodic due diligence reviews, and ensuring business continuity and disaster recovery will also be discussed.

Net Capital Pitfalls
It’s fairly obvious that broker-dealers have to compute net capital on a monthly basis, as well as file FOCUS reports either monthly or quarterly. But what are the Exceptions that FINRA examiners are finding and citing when conducting examinations? What is the financial impact for broker-dealer firms? And what are the critical interpretations of the Net Capital Rule that broker-dealers have to be aware of? This session will be an engaging, interactive forum for industry thought leaders, FinOps and former regulators to share best practices and experiences.

Cybersecurity: How Regulation and Risk Mitigation are Reshaping Your Firm’s Operations
What does the SEC and FINRA mean when they talk about cybersecurity? What are industry best practices and expectations of the regulators around data protection and cybersecurity? What is an effective incident response plan and how do I know if my firm is doing enough? This session will review the SEC’s Cybersecurity Sweep findings, and will discuss the protective measures firms should be taking now to prevent or minimize the next data breach.

Workshop – Advertising: Test Your Review Skills for BD/RIA
Do you have a website, are your listed in the yellow pages, have you placed an ad in your local paper or are you using social media? What about your reps? This workshop will provide hands-on examples of advertising to help participant’s in learning to identify potential issues under SEC or FINRA rules.

Workshop – Succession Planning/Business Continuity Planning
Your business is generally one of your largest assets and could be gone in seconds without proper planning. Having a succession/business continuity plan can help your business survive a change in key personnel, a natural disaster or a complete breakdown of your systems. The session will help guide you through ways to take away the fear of what tomorrow could be and allow you to weather whatever storm may arise.

Workshop – Auditing: Last Year the Rules Changed, What Did We Learn?
This workshop is a nuts and bolts approach to getting your firm ready for your audit. The rules changed and there is new emphasis by auditors and regulators alike. Our team of uber-experienced auditors will be ready to answer questions and discuss the new standards so your audit goes from painful to clear-sailing!

EB-5: U.S. Regulation and Compliance Guidance
EB-5 is an immigration program that allows foreign investors to obtain a special visa and possibly a green card for investing in US offerings. The SEC has expressed concern that firms engaging in this activity could be acting as unregistered broker-dealers. This has resulted in regional centers, and caused EB-5 firms and others to seek registration. This session will discuss the program, considerations of offerings and trials and tribulations of getting registered.

Workshop – Life beyond Compliance! Build/Plan/Test.
A CCO can feel trapped by compliance with new rules, regulations, and what to do first! Come to this workshop to hear from industry experts and your seasoned peers as they share case studies and best practices on how to prioritize, plan and re-gain control over your enterprise’s compliance environment.