AIMA Webinar Replay: The SEC Marketing Rule 360: Testimonials, Endorsements, and Solicitation Under the New Marketing Rule: Do’s, Don’ts, and Disqualification (if You Get it Wrong)

Published: 02 June 2022

Recorded on May 23, 2022

Among the many changes introduced by the SEC’s new Marketing Rule, one of the most notable is that the new rule will permit the use of testimonials, whereas the use of testimonials has generally been prohibited under the current advertising rule regime. Clearly, this is a huge shift in mindset that better reflects a world in which social media and online promotion now exist.
However, the use of testimonials under the new Marketing Rule will be subject to certain disclosures and conditions, as the SEC incorporated many aspects of the current solicitation rule into the Marketing Rule by treating paid solicitors under the rubric of testimonials and endorsements. In addition, the Marketing Rule broadens the scope of the current solicitation rule to include non-cash compensation. You can expect the SEC to pay close attention to testimonials, endorsements, and any solicitation arrangements, paid or unpaid. Compliance is key to getting it right.
On May 23, Michael McGrath and Pablo Man, partners at K&L Gates LLP, will discuss how to stay safe while using these newfound marketing capabilities, whether your plan is to go all in or just passively use social media. Audience questions are welcome and encouraged. Please join us for this timely and informative event.

• Michael McGrath, Partner, K&L Gates
• Pablo Man, Partner, K&L Gates

• Suzan Rose, Senior Advisor, AIMA