Electronic Communications in SEC Examinations and Investigations

With the rising use of new electronic communication platforms among employees and clients in the finance industry, the following article, published in Bloomberg BNA’s Daily Report for Executives on January 2, 2018, discusses what electronic communications investment advisers and their employees can expect the SEC to request or obtain in examinations and investigations. The article provides a hypothetical based on the popular apps Signal, WhatsApp, and iMessage, and explores what communications the SEC would expect an adviser to maintain as “books and records,” what the SEC could request in an examination, and what the SEC could obtain in a subpoena from an electronic communications provider without the user’s consent. 

Click here to read the article.

Contact Information

If you have any questions regarding this alert, please contact the Akin Gump Strauss Hauer & Feld LLP lawyer with whom you usually work or:

Peter Altman
paltman@akingump.com
310.728.3085
Los Angeles

Kelly Handschumacher
khandschumacher@akingump.com
310.229.1071
Los Angeles

Brett Manisco
bmanisco@akingump.com
310.229.1086
Los Angeles