Investment Advisers Marketing Rule: State of the Rule, Application, Recent Developments and Enforcement Actions

Mr. McDonald primarily represents investment advisors and broker-dealers, providing regulatory counseling services to firms at all stages of their development. He specializes in providing legal and compliance support for investment advisors and broker-dealers to assist them in navigating financial services regulation, examinations and enforcement proceedings. To his practice, Mr. McDonald brings experience as an in-house counsel and senior compliance analyst at an RIA with approximately $80 billion in AUM, as well as in-house experience at a dually registered Broker-Dealer. He has also worked as a Regulatory Affairs Counsel at the Financial Services Institute and has spent time working with the Investment Adviser Association and the SEC's Divisions of Enforcement and Trading and Markets. Mr. McDonald has significant, hands-on experience managing compliance programs, including drafting regulatory filings, managing and monitoring a code of ethics, reviewing and approving marketing materials as well as responding to requests from clients and regulators. He has provided his insight to Financial Advisor IQ and his thought pieces on investment advisor and broker-dealer compliance have been published by Law360 and NYU’s Program on Corporate Compliance.”

Mr. Russ has extensive experience representing and advising investment companies and their advisers on regulatory, compliance, operational, and governance matters under the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Securities Act of 1933, and the Securities Exchange Act of 1934. He provides guidance on investment adviser registration matters, compliance programs, regulatory examinations, and transactional matters involving the formation, offering, and operation of investment products. Mr. Russ previously served as senior counsel for the Division of Investment Management for the U.S. SEC. In his role as senior counsel, he drafted rule text and guidance for Commission rulemakings under the Investment Advisers Act, including the Marketing Rule. While at the SEC, he also worked in the Office of Compliance, Inspections, and Examinations (now known as the Division of Examinations) where he counseled SEC examiners on investment adviser and investment company examinations, involving both private and registered funds, as well as broker-dealer examinations.