The following article was written and contributed by James E. Grand, Esq. of The Securities Law Group, a specialized boutique law firm dedicated exclusively to representing investment advisers.
We are often asked by advisers who are switching firms whether they can use in their own performance presentation or the predecessor firm’s performance record at their new firm. There are two separate questions here: First; if Jill Doe moves from one firm to another, can Jill use her own performance record while she worked at the old firm in the new firm’s advertising? Second, can Jill use the old firm’s overall performance record in the new firm’s advertising?
A number of SEC staff no-action letters address these questions. These no-action letters generally take the position that an advertisement that includes prior performance of accounts managed by advisors at their prior place of employment will not, in and of itself, be deemed to be misleading so long as:
1. The advertisement is consistent with SEC staff interpretations with respect to the advertisement of performance results.
2. All accounts that were managed in a substantially similar manner are advertised unless the exclusion of any account would not result in materially higher performance. For example, in one case we know of the SEC allowed a newly registered adviser solely owned by an employee to use performance data of several accounts managed by the employee prior to registration. In other words, Jill could advertise the performance of some but not all of her prior client accounts so long as such performance is not materially higher than her accounts’ overall performance.
3. The accounts managed at the old firm are so similar to the accounts currently under management at the new firm that the performance record would provide relevant information to prospective clients.
4. The person(s) managing accounts at the new firm are also those primarily responsible for achieving the prior performance results at old firm. In other words, the individual(s) primarily responsible for achieving the prior performance results must also be the individual(s) primarily responsible for the accounts at the new firm. To put in another way, it would be misleading for an adviser to advertise the performance results of accounts managed at her prior place of employment when she was one of several persons responsible for selecting the securities for the adviser’s clients. The question is whether she was actually responsible for making investment decisions without the need for consensus from other advisers (e.g., an investment committee, etc.).
5. The advertisement includes all relevant disclosures, including that the performance results were from accounts managed at another firm.
It’s no surprise that starting a hedge fund is no easy feat. In an increasingly competitive landscape challenged with evolving investor and regulatory demands, progressive technology and mounting cyber threats, emerging managers can become overwhelmed at the winding path that lay before them. Still, hundreds of emerging managers attempt launching every year due to the prospective monetary and fundamental rewards.
What sets apart successful startups from those that fail? In today’s post we will cover a few essential areas startupreneurs should consider during their launch journey.
Invest in People
Your greatest assets walk out of the door every day: Your team. Every hedge fund startup is backed by people, and the more dynamic and versatile this team is, the greater chance the firm has of achieving and sustaining a successful future. Why? Since capital is limited during the development phase, selecting people with skill sets in multiple arears is essential. Additionally, employees are ambassadors for your firm, and thus, critical to attracting investors.
In another airline-hedge fund technology parallel, United Airlines recently introduced a new two-factor authentication system for MileagePlus frequent flier program members. Great, right? Well, maybe. Maybe not. The system has been receiving criticism of late from those who don’t consider United’s security practices as true two-factor authentication (2FA).
Here’s how it works.
When a member attempts to log into their account from a device that is not recognized by the airline, a user will be asked to answer two security questions. During account setup, the flyer’s answers must be chosen from a provided dropdown list, meaning the answers are predefined and, hence, not unique to each customer.
To dispel some of the concern, Ben Vaughn, United's director of IT security intelligence, has stated that the dropdown menu options stop hackers from being able to do keystroke logging and automated attacks to gain access to accounts.
Time will tell if United’s 2FA system is successful in preventing security breaches for airline customers, but in the meantime, let’s review the common types of two-factor authentication, since the kind United is using is actually the weakest:
The SEC and other financial regulatory bodies have increased transparency demands with regard to cybersecurity in recent years, and as such, registered investment advisers face a long list of requirements to meet on the technology and operational front. In each of its cybersecurity guidance updates, the SEC has called out the need for hedge funds and private equity firms to "indicate whether they conduct periodic risk assessments to identify cybersecurity threats, vulnerabilities and potential business consequences", and if so, who conducts them and how often.
Risk and vulnerability assessments have not only become must-haves for financial firms due to these regulatory initiatives, but also as a result of growing investor calls for transparency. Side note: If you missed the news, Eze Castle Integration has expanded its cybersecurity consulting services to deliver comprehensive vulnerability assessments (as well as penetration testing and third party due diligence audits) across both internal and external networks. Click here to read more about Eze Vulnerability Assessments.
We field a lot of questions about what exactly a security vulnerability assessment is, so we thought it best to review what such a test entails.
Here’s a quick overview.
The type of risk assessment typically associated with information technology/security is an external vulnerability assessment. Essentially, this is the process of identifying and categorizing vulnerabilities related to a system or infrastructure. Typical steps associated with a vulnerability scan or assessment include:
Identifying all appropriate systems, networks and infrastructures;
Scanning networks to assess susceptibility to external hacks and threats;
Classifying vulnerabilities based on severity; and
Making tactical recommendations around how to eliminate or remediate threats at all levels.
Earlier this week Delta Airlines suffered a major system outage that resulted in more than 740 flight cancellations and thousands of flight delays.
Delta’s Chief Operating Officer Gil West explained that “Monday morning a critical power control module at [Delta’s] Technology Command Center malfunctioned, causing a surge to the transformer and a loss of power. The universal power was stabilized and power was restored quickly. But when this happened, critical systems and network equipment didn’t switch over to backups. Other systems did. [As a result, Delta saw] instability in these systems.”
As with any major “uh oh” moment, there are lessons that can be learned. So let’s take a look at what hedge funds can learn from Delta’s IT mishap.
1. Outdated technology can hurt in a big way. Airlines are saddled with legacy IT systems, complicated by mergers and acquisitions requiring complex integrations. Unlike airlines however, most asset management firms are not relying on technology from 80s or 90s. But that doesn’t give firms a pass when it comes to staying current with technology.
Outdated IT systems insert instability into a firm’s operations and provide holes for cyber hackers to exploit. The reality is that outdated systems will only continue to fall behind in the race of technology, trouble shooting will take longer, future applications will fail to run, or crash the server altogether, and the cost to migrate increases concurrently as the pool of experts shrinks.
2. You can’t ignore the IT industry’s transition to cloud computing. As noted in a ZDNet article, “the big question is why in 2016 airlines are being brought down by single points of failure when cloud services offer resiliency zones, backup options, and redundancy to keep critical systems running.”
Enterprise-grade clouds deliver significant resiliency in both the hardware and data centers, with cloud infrastructures spanning geographically diverse facilities. Beyond hardware, top tier cloud providers (Eze!) have teams of senior engineers managing and monitoring the infrastructure. Additionally systems are upgraded on a regular frequency.
In the investment management industry, it is common to hear investors state they are more comfortable with fund managers utilizing a private cloud rather than keeping IT on premise. At larger funds, the prevalence of cloud-based solutions provides Chief Technology Officers (CTOs) the opportunity to execute more strategic technology initiatives and focus on risk mitigation.
There's a lot to learn about business continuity planning for investment managers. To help, you might want to watch our recent webinar highlighting the SEC's June 2016 business continuity guidance update. You can watch the full webinar replay here. The SEC not only highlights the importance of being able to access critical systems and applications during a disruption, but also the importance of effective communication.
It is vital to communicate with your employees about the procedures of your business continuity plan before, during and after an incident. By doing so, you set the wheels in motion by creating the guidelines for the firm’s recovery.
Effective communication should include, but not be limited to:
Accounting for employees;
Setting workload expectations; and
Providing employees with recovery status updates.
Let’s take a deeper look into those strategies.
Whether it is your summer interns heading back to school or a full-time employee moving on, an investment firm must have a detailed employee termination checklist for information technology (IT) that is diligently followed.
But what are the key items that must be on your employee termination checklist?
Here’s An Employee Termination Checklist Foundation:
Contact IT Department or IT Provider to terminate or change network or application logins
Ensure subscriptions are either cancelled or changed
Collect employee equipment such as laptops, monitors, mobile devices, etc.
Ensure employee has documented transition procedures
Reset user password and disabled account
Cloud, Cyber Security and Managed Services: Putting Eze Castle Over the Top in Waters Rankings (Video)
We're thrilled to share that Eze Castle Integration has won the coveted awards for Best Cloud Infrastructure Provider and Best Cyber-Security Provider in the 2016 Waters Rankings. Vinod Paul, Managing Director of Eze Castle Integration, spoke with Dan DeFrancesco, Deputy Editor of Sell-Side Technology and Waters Technology about how Eze Castle Integration differentiates itself from other cloud and security providers.
Watch Vinod's video interview below or scroll down for some quick takeaways.
The following article first appeared in Hedgeweek's special report: Cybersecurity for Fund Managers 2016.
Mitigating insider risk is one of the biggest challenges that organisations face when it comes to remaining cyber secure.
One thing we've seen a lot of with clients is their need for consulting support," says Mark Coriaty (pictured), Senior Vice President Strategy & Partnerships, Eze Castle Integration. "They don't necessarily have the biggest IT teams and/or might have been more focused on the engineering side than the cyber side. Consequently, they are spending more time learning about the business, as opposed to just putting a solution in place.
"Cybersecurity comes down to operational and procedural policies as well as employee training, which is by far one of the biggest threats to any firm."
Many of the reasons for internal breaches come down purely to human error, but on occasion it may be the actions of a rogue employee that lead to data misappropriation. To limit the impact, fund managers can put in place permission controls as a way to manage their policies and procedures, this might allow them to shut off a USB drive, protect different file sets on the back-end etc.
"It is important for whomever is managing the overall IT infrastructure to ensure that people only have access to data that they need for their day-to-day responsibilities, and block them from accessing data in other parts of the organisation," says Coriaty, adding that employee training has to be an ongoing process. "For larger firms who hire new employees regularly, managing the process of training them is crucial to maintaining good security. Most hackers target smaller investment managers not to collect credit card numbers, or investor details, but for extortion purposes using the likes of CryptoLocker to pay ransoms.
As a hedge fund or investment management firm, you’re juggling a lot. Hedging bets, pitching investors, running day-to-day operations – there’s a lot on your plate. That’s why working with an experienced cloud services provider can offer benefits beyond just infrastructure.
Let’s take a look at three different ways your cloud services provider can de-stress your busy life and provide you with much needed value.
1. Free up your space.
One of the beauties of a cloud computing environment is the near elimination of physical hardware and equipment on-site at your office. When managing your own server room or Communications (Comm.) room, you are responsible for housing a variety of equipment such as servers, UPS units, networking equipment and cables, spare parts, etc. Not to mention you need the real estate for it all. And don’t forget – much of this equipment runs on a three-year refresh cycle, which means you’ll have to upgrade everything in the near future.