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In this episode, Akin Gump investment management partners Barbara Niederkofler and Jason Daniel discuss the Securities and Exchange Commission’s proposed modernization of the advertising and cash solicitation rules under the Advisers Act.

Among the topics covered:

  • Redefinition of “advertisement.”
  • Additional prohibitions – moving from a general prohibition to more details principles.
  • Case studies guidance.
  • Distinction between Retail Persons and Non-Retail Persons advertisements with respect to net performance.
  • Track record and hypothetical performance.
  • New compliance policies.
  • Expansion of the Solicitation Rule