Jacko Law Group, PC

05/29/2026

Jacko Law Group, PC Regulatory Tip of the Week
by Michelle L. Jacko

Protecting Older Investors from Predatory Financial Exploitation

Federal and state regulatory agencies continue to prioritize the financial safety of older and vulnerable investors as scams and other forms of financial exploitation ramp.

According to the FBI National Press Office, older Americans aged 60 and older lost $7.7 billion to cyber-enabled fraud and scams in 2025. This is an alarming 37% increase in losses from 2024.

RIAs have a fiduciary duty to protect their clients even when threats are increasingly difficult to detect or deter as failure to take adequate safeguards can lead to violations.

Best Protective Practices for Older Investors
-Trusted Contact Person (TCP): Advisers should encourage their clients to assign a trusted contact like an adult child, who has authority to act in the elder’s best interest should they suspect potential financial threats or exploitation against the elder.
-Temporary Account Freezes: This permits IAs and BDs to place temporary holds on their clients’ accounts if they suspect wrongdoing, or suspicious activities.
-Training for Staff on Diminished Capacity: Staff training that is focused on recognizing early symptoms of cognitive decline can be a powerful tool in protecting vulnerable clients.

For assistance with implementing stringent safeguards that meet regulatory requirements and protect the ever-growing vulnerable demographic against financial exploitation, please contact us at 619.298.2880 or email [email protected].


Disclaimer: General information only. Not legal advice. No attorney-client relationship is created.

05/25/2026

This Memorial Day, we pause to honor the men and women who gave their lives in service to our country.

We are grateful for your sacrifice.

Wishing everyone a safe and meaningful Memorial Day.

05/22/2026

Jacko Law Group, PC Regulatory Tip of the Week
by Michelle L. Jacko

Mid-Year Compliance Check: Is Your P&P Manual Up to Date?

Memorial Day is a traditional reminder for firms to assess whether their policies and procedures reflect current regulations, Form ADV disclosures, and operational changes.

Key areas to review for 2026 include:
• Cybersecurity & Regulation S-P: Smaller advisers have until June 3, 2026, to implement a written incident response program covering detection, response, and recovery from unauthorized access to customer information
• Marketing Rule: Firms should incorporate the updated SEC guidance on the marketing rule such as testimonials/endorsements, claims and more
• AI governance: Firms should determine if their AI governance frameworks, like oversight and documentation for any AI use, is comprehensive enough to meet regulatory scrutiny
• AML programs: FinCEN's compliance deadline has been extended to January 1, 2028, but firms should begin building policies now
• Off-channel communications: Continue strengthening books and records policies around personal devices and third-party apps
• Conflicts of interest and fiduciary duty: Revisit disclosures and ensure the information is consistent across all materials.

Once updates are complete, train staff on any new protocols.

Jacko Law Group helps firms evaluate and develop policies and procedures to meet regulatory requirements and manage risk. Contact us at 619.298.2880 or [email protected].


Disclaimer: General information only. Not legal advice. No attorney-client relationship is created.

05/20/2026

Jacko Law Group, PC Cybersecurity Tip
by Kathryn Konzen

Trends for Cybersecurity through 2026

As we enter the second half of the year, cyber threats are expected to intensify as criminals increasingly leverage artificial intelligence (AI) to scale attacks and evade detection. AI is continuing to make a lay person an expert by providing step by step instructions on how to generate convincing emails, voice clones, and deepfake videos that make scams more difficult to identify.
Organizations also continue to face risks internally from malicious employees, compromised employee credentials, and phishing scams.

Companies in the financial services industry can reduce their risk of a cyber attack by implementing the following internal controls:

- Strengthen cybersecurity awareness training
- Frequently test incident response plans
- Implement multifactor authentication on all company systems, especially those containing confidential client data
- Monitor all network activity and promptly investigate any unusual activity
- Establish clear verification procedures for all sensitive requests

Proactive security measures, internal training, and rapid incident response planning is critical to defending against bad actors in the ever-evolving cyber landscape.

For more information, please contact us at 619.298.2880 or email [email protected].

Disclaimer: General information only. Not legal advice. No attorney-client relationship is created.

05/18/2026

Private Equity Rollovers in 2026: Transaction Trends and Regulatory Considerations

Private equity rollovers are emerging as one of the most strategically significant structures in today’s deal market. For business owners evaluating a Private Equity transaction, understanding the complexities, as well as the compliance implications in a rollover is essential.
This recent post from JLG explores:
- transaction trends
- why rollovers matter and
- regulatory considerations to bear in mind

Learn more at: https://na2.hubs.ly/H05zYjm0

Disclaimer: General information only. Not legal advice. No attorney-client relationship is created.

equity

05/15/2026

Jacko Law Group, PC Regulatory Tip of the Week
by Michelle L. Jacko

Compliance priorities for breaking away from an RIA

Breaking away from an existing RIA to launch your own practice is an exciting milestone but it is crucial to remember that compliance obligations that come with it. Transitioning RIAs are expected to have a fully functioning compliance program from the onset, and with SEC Exams focused on new and never-examined RIAs, it is recommended to start strong.

Key Considerations
• File and update your Form ADV promptly and ensure your ADV reflects your new structure, services, fees and any conflicts of interest.
• Develop a compliance program that addresses fiduciary obligations and conflict-of-interest management, recordkeeping, cybersecurity and more.
• Designate a chief compliance officer who understands advisory obligations under state and federal securities laws.
• Understand confidentiality, trade secrets, and privacy concerns prior to dealing with client data.
• Identify and avoid violating any non-compete and non-solicitation restrictions relating to any employment agreement as these can expose you to legal and regulatory risk.
• Retain experienced legal and compliance counsel early to facilitate a smooth transition.

For assistance with a legal and regulatory counsel for transitioning, please contact us at 619.298.2880 or email [email protected]


Disclaimer: General information only. Not legal advice. No attorney-client relationship is created.

05/11/2026

Five Steps Financial Service Practitioners Should Take for Risk Mitigation

Risk is unavoidable, but good risk management isn’t about eliminating risk entirely. It’s about understanding it and addressing it proactively. For investment advisers (IAs) and broker-dealers (BDs), the stakes are especially high. Regulatory scrutiny is intensifying, and firms that fail to stay ahead of their risk exposure face serious consequences.

Learn more - https://na2.hubs.ly/H05qrM00

Disclaimer: General information only. Not legal advice. No attorney-client relationship is created.

05/08/2026

Happy Mother's Day to all you incredible mothers!

As a woman-owned-and-run firm, we know the patience, strength and grace it takes to lead boardrooms and bedtime routines.

Wishing all the mothers in our community a day filled with rest, joy, and every bit of the love you so generously give.

05/07/2026

Jacko Law Group, PC Regulatory Tip of the Week
by Michelle L. Jacko

Seven Compliance Steps Before the Reg S-P Deadline

With the amended Regulation S-P (Reg S-P) deadline fast approaching on June 3, 2026, Investment Advisers should act now to meet updated compliance requirements. With continued regulatory focus on investor protection and data privacy, being well prepared is essential.

Here are seven compliance steps to take before the deadline:
1. Update policies and procedures to address the broadening of customer information protected, including nonpublic personal information.
2. Provide for incident response steps, and describe the firm's protocols for disposing of customer information.
3. Compare and integrate your cyber incident response plan and privacy controls with the amended Reg S-P requirements.
4. Calendar an annual review of amended Reg S-P controls.
5. Update policies and procedures to also address the risk of security breaches posed by service providers, including a 72-hour alert requirement from the service provider.
6. Maintain written records to show compliance with the amendments.
7. Provide training to personnel on the new requirements.

For assistance with ensuring you remain Reg S-P compliant, please contact us at 619.298.2880 or email [email protected].

Disclaimer: General information only. Not legal advice. No attorney-client relationship is created.

05/06/2026

Starting Out: Mergers & Acquisitions

Thinking about a merger or acquisition? Whether you're buying, selling, or merging, knowing where to start makes all the difference.

In the video, "Starting Out: Mergers & Acquisitions" Jacko Law Group Managing partner, Michelle Jacko breaks down the foundational steps for navigating M&A transactions, from early strategy to deal structure.

Watch the video at: https://na2.hubs.ly/H05kHzv0

For more information, please contact us 619.298.2880 or email [email protected].

Disclaimer: General information only. Not legal advice. No attorney-client relationship is created.

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Michelle L. Jacko, Esq. is the Managing Partner and CEO of Jacko Law Group, PC (“JLG”), which offers securities, corporate, real estate, and employment law counsel to broker-dealers, investment advise...

05/02/2026

Jacko Law Group, PC Regulatory Tip of the Week
by Michelle L. Jacko

M&A Purchase Agreements: What Mid-Market RIAs Need to Know

The RIA sector is currently a hot market for M&As with 93 RIA M&A transactions announced in Q1 of 2026. It is a competitive environment, and it is highly recommended that businesses pay close attention to their purchase agreements.

Key Considerations:

- Representations and Warranties: Claims regarding AUM, compliance or contracts present real liabilities post-closing including those involving undisclosed liability, and financial statements.

RIAs should protect themselves with Representations and Warranties Insurance (RWI),which offers protection in case the representation of the business is inaccurate.

- Material Adverse Change clauses (MAC): This allows a buyer to back away from the deal if something goes wrong between signing and closing. Sellers should ensure that broad market fluctuations, interest rate changes, or other external factors are excluded from the MAC definition, while company-specific risks such as regulatory actions or significant client departures remain.

As RIA M&A activity continues to accelerate, one critical factor in how a deal progresses is having experienced M&A counsel who knows the RIA space from day one. The right counsel understands which issues are essential, which regulatory considerations to address early, and how to maintain pace and protect your interests throughout the process

If you need assistance navigating an RIA M&A transaction, please contact us at 619.298.2880 or email [email protected].

Disclaimer: General information only. Not legal advice. No attorney-client relationship is created.

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