NYAIR Episode 85
Avoiding Regulatory Trouble
In this high-stakes episode, two accomplished compliance and fund structuring experts unpack the latest in SEC rulemaking, regulatory pressures, and real-world risks facing modern investment managers. From game-changing rules on private funds and marketing to the new realities of record retention, discover exactly what’s keeping industry leaders awake—and the practical steps required to avoid costly missteps. This episode is essential listening for financial professionals determined to stay ahead of regulatory headwinds and build resilient, future-ready organizations.

Featured Guests
Dustin Littrell
Counsel, Alston & Bird
With a distinguished track record in structuring and managing complex investment vehicles—including credit, private equity, real estate, and hybrid funds—Dustin Littrell is a recognized leader in financial product innovation and compliance for alternative assets. At Alston & Bird, he counsels clients on fund formation and ongoing operations, masterfully navigating regulatory, commercial, and cross-border challenges from launch to maturity. His extensive exposure to top-tier institutional clients and hands-on insight into SEC priorities position him as a trusted problem-solver for investment managers adapting to shifting regulatory tides.
Dr. David E. McClean
Principal, DMA Consulting Group; Senior Lecturer, Rutgers University
As founder of DMA Consulting Group since 1992, Dr. McClean is a venerated enterprise risk and compliance leader whose clients span asset managers, hedge funds, mutual funds, broker-dealers, and private equity. He brings a unique blend of regulatory acumen and practical philosophy, authoring seminal books on financial ethics and serving on boards from Wall Street to global not-for-profits. A frequent advisor to Fortune 1000s, Dr. McClean is also a lauded educator at Rutgers and an influential voice advancing compliance culture and organizational ethics in global finance..
Robert Akeson
Managing Director Investment Banking at Riverside Management Group
A seasoned financial executive with decades of leadership experience in global brokerage, prime brokerage, and capital placement, Robert Akeson leads the investment banking and financial advisory team at Riverside Management Group. With deep expertise in compliance, operations, capital markets, and risk management, Robert has guided firms through regulatory shifts and growth across multiple asset classes. His background includes executive roles at Mirae Asset Securities (USA), Neuberger Berman, Morgan Stanley, and advisory board and general partner experience with several investment funds. As a frequent industry speaker and committee chair for the CFA Society New York, Robert is recognized for his sophisticated knowledge of market liquidity, firm management, and due diligence practices in alternative investments.
Key Insights From This Episode
Modernization of the Marketing Rule
The SEC’s sweeping updates to the marketing rule mean nearly every communication—across digital, social, and traditional channels—faces new disclosure, substantiation, and performance reporting standards. Advisors must rethink not just what they share, but how and where.
Clarity & Confusion on “Dealer” Definitions
Redefining “dealer” now puts some buy-side firms at unexpected compliance risk, especially with ambiguous frequency thresholds. Fund leaders are urged to proactively assess their trading patterns before rule changes take effect.
Record Retention: A High-Stakes Imperative
After significant fines to industry giants, robust recordkeeping for all business communications—not just emails—is mission-critical. Use of unapproved chat or SMS tools can prove disastrous; timely policy reminders and easy capture solutions are key.
Rising Impact of ESG in Compliance
Environmental, social, and governance mandates are evolving quickly, and greenwashing or inadequate disclosures can trigger scrutiny. Understanding emerging standards is essential for both fund structuring and investor communications.
Pragmatic Compliance Culture Wins
Truly effective compliance systems decentralize responsibility, streamline internal communication, and avoid unwieldy policy manuals. Both insider reporting templates and clear leadership messaging set the tone for resilience—and reduce regulator friction.
Future Gazing: New SEC Rules on the Horizon
Proposed regulations around private funds, quarterly transparency, and anti-preferential treatment are expected to reshape practice yet again. Staying plugged into updates and regularly reviewing firm protocols ensures forward compatibility.
Access the Full Conversation
Take a deeper dive into the evolving world of fund compliance. Listen to the complete episode to hear expert answers to top audience questions, and unlock a downloadable insights deck packed with actionable tips. Designed for investment managers, compliance officers, and financial executives, this resource will help navigate the complex regulatory shifts shaping tomorrow’s alternative investment landscape.
Soundbites Worth Saving
“If you have any doubt about your regulatory requirements, pick up the phone—uncertainty can be far more costly than a quick consult.”
— Dustin Littrell
“Every business communication, from emails to texts about lunch, must be captured and retained. That single missed message could be the linchpin in litigation.”
— Dr. David E. McClean
Shape the Future of Alternatives With Us
The New York Alternative Investment Roundtable brings together the brightest minds in finance—Nobel laureates, industry disruptors, Fortune 1000 executives, and leading fund managers. By joining as a member, you gain access to premium events, exclusive insights from our podcasts, and direct connections with the decision-makers shaping global markets.
Your seat at the table is waiting.
