On January 11, the staff of the SEC’s Division of Investment Management (the “Staff”) released new guidance with respect to the current version of Rule 206(4)-1, adopted under the U.S. Investment Advisers Act of 1940 and amended in late 2020 (the “Marketing Rule”).[1] This new guidance, which came in the form of an update to the Staff’s FAQs for the Marketing Rule, appears to require private fund sponsors to include “net performance” with any presentation of a subset of an investment...