Tag Archives: Charu Chandrasekhar

30 Days to Form ADV: Have You Reviewed Your AI Disclosures?

by Charu Chandrasekhar, Avi Gesser, Kristin Snyder, Julie M. Riewe, Marc Ponchione, Matt Kelly, Sheena Paul, Mengyi Xu, and Ned Terrace

Photos authors

Top left to right: Charu Chandrasekhar, Avi Gesser, Kristin Snyder, Julie M. Riewe, and Marc Ponchione.
Bottom left to right: Matt Kelly, Sheena Paul, Mengyi Xu, and Ned Terrace. (Photos courtesy of Debevoise & Plimpton LLP)

Registered investment advisers (“RIAs”) have swiftly embraced AI for investment strategy, market research, portfolio management, trading, risk management, and operations. In response to the exploding use of AI across the securities markets, Chair Gensler of the Securities and Exchange Commission (“SEC”) has declared that he plans to prioritize securities fraud in connection with AI disclosures and warned market participants against “AI washing.” Chair Gensler’s statements reflect the SEC’s sharpening scrutiny of AI usage by registrants. The SEC’s Division of Examinations included AI as one of its 2024 examination priorities, and also launched a widespread AI sweep of RIAs focused on AI in connection with advertising, disclosures, investment decisions, and marketing. The SEC previously charged an RIA in connection with misleading Form ADV Part 2A disclosures regarding the risks associated with its use of an AI-based trading tool.

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Real-Time Deepfakes May Necessitate Enhancements to Wire Transfer BEC Policies

by Charu Chandrasekhar, Luke Dembosky, Avi Gesser, Erez Liebermann, Matt Kelly and Karen Joo  

Photos of the Authors

Left to right: Charu Chandrasekhar, Luke Dembosky, Avi Gesser, Erez Liebermann, Matt Kelly and Karen Joo. (Photos courtesy of Debevoise & Plimpton LLP)

The following scenario is no longer science fiction: An employee receives an email from the CEO asking her to join a video call. The CEO directs the employee to send confidential documents to a third party. The request is unusual, but the employee saw the CEO with her own eyes, so she complies. It turns out, however, that it was a real-time deepfake and not the real CEO who gave the instructions on the video call.

We’ve previously written about business email compromise (“BEC”) and wire transfer fraud scams, and the various measures that companies can implement to reduce the associated risks. But in light of recent developments in deepfake technologies, and their increasing use as part of BECs, companies should consider revisiting their BEC mitigation strategies because some existing BEC policies may no longer be sufficient to address these emerging threats.

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