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Alternative Market Briefing

Other Voices: Impact of the SEC's withdrawal of proposed rules on investment management clients

Friday, June 27, 2025

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By Madelyn Calabrese and Colton Gregg, lawyers at international corporate law firm Haynes Boone.

On June 12, 2025, the Securities and Exchange Commission (SEC) formally withdrew 14 proposed rules that were issued between March 2022 and November 2023. In its withdrawal, the SEC stated that, should it decide to pursue future regulatory action in any of the withdrawn rule proposal areas, it would issue a new proposed rule on the matter. The majority of the proposed rules, if adopted, would have affected private funds, investment advisers, investment companies and broker-dealers-many of whom have already begun preparing for rule implementation. The withdrawn rule proposals that would have had the largest impact on the investment management community included the following:

Conflicts of Interest and Predictive Data Analytics

Rules to address conflicts of interest present in predictive data analytics used by broker-dealers and investment advisers. If adopted, the rules would have required that firms:

    • Eliminate conflicts of interest present when their technologies put the firm's interests ahead of investor's interests; and • Have written policies and procedures in place to avoid conflicts when using technology to interact with investors.
Proposed Safeguarding Rule

Rules to further protect advisory clients' assets by amending Rule 206(4)-2 under the Investment Advisers Act of 1940. If adopted, the ru......................

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