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Articles by Tiffany Magri
FINRA Rule 2210 Update Brings AI Supervision Into Focus
FINRA's proposed changes to Rule 2210 are the most specific FINRA has been about how AI tools fit into a reasonably designed supervisory system. The proposal, Regulatory Notice 26-14, was released in July and takes a more risk-based approach to supervising retail communications. For compliance teams, the point is simple: whether a communication is created by a person or an AI tool, the firm stays responsible.
What Prediction Markets Mean for Compliance Oversight
Prediction markets are drawing new regulatory attention, and financial services firms are taking notice. Recent enforcement actions, expanding 24/7 market access, and evolving regulatory expectations are prompting compliance teams to evaluate whether existing frameworks address employee trading, communications supervision, and information misuse risks tied to these markets.
How to Stay Ahead of SEC Scrutiny on Social Media
Subscribe to receive a monthly digest of articles exploring regulatory updates, news, trends and best practices in electronic communications capture and archiving. Smarsh handles information you submit to Smarsh in accordance with its Privacy Policy.
The Overlooked Risk of Voice in Financial Services
Voice has always played a central role in financial services, where critical decisions often happen in real time. What has changed is not its importance, but the complexity of managing it across today’s communication landscape. As firms adopt hybrid work models and new technologies, voice interactions are more dispersed and harder to oversee consistently. At the same time, regulatory expectations continue to center on accountability, regardless of channel.
Recordkeeping Is Still a Risk in the FINRA 2026 Oversight Report
AI is heavily featured in FINRA’s 2026 Annual Regulatory Oversight Report, but that doesn’t mean recordkeeping is a solved problem. In fact, books and records violations remain among the most persistent and preventable sources of regulatory exposure. Business technologies may change, but the underlying issue does not: firms fail when business-related communications are not captured, retained, and reviewed.
The Hidden Risk in Data Acquisition: Why Data Quality Determines Compliance and AI Success
TL;DR: Data acquisition failures can be a primary compliance and AI risk as firms rely on proprietary platforms. Poor-quality data at ingestion undermines supervision, regulatory defensibility, and analytics before problems can be corrected. As enterprise communications expand across new platforms, custom applications, and emerging collaboration tools, data acquisition has become a critical — but often overlooked — source of compliance and governance risk.
What is Search Tiering? Optimizing Data Archiving for Cost and Compliance
TL;DR: Search tiering reduces archive costs by aligning indexing depth with how data is actually used, while preserving compliance and discovery readiness as data volumes continue to scale. As digital communications volumes continue to grow, many organizations are discovering that the true cost of archiving isn’t just storage — it’s also search.
AI’s First Entry in the FINRA 2026 Oversight Priorities Report
FINRA’s 2026 Annual Regulatory Oversight Report arrives at a moment of convergence for financial services firms. Artificial intelligence is rapidly moving from experimentation to operational dependency. Communications channels continue to multiply and fragment. Financial crime is becoming more sophisticated, faster, and harder to detect. Together, these forces are reshaping supervisory expectations and exposing gaps that traditional compliance approaches are no longer equipped to manage.
SEC Marketing Rule FAQs 2026: What Compliance Teams Need to Know
TL;DR; The SEC’s 2026 Marketing Rule FAQs raise the bar on judgment-based decisions, making documentation, disclosures, and durable recordkeeping critical to passing exams and avoiding enforcement risk. In January 2026, the SEC’s Division of Investment Management issued two new FAQs addressing ongoing questions under the Investment Adviser Marketing Rule.
Compliance Gaps and Required Actions
TL;DR: The SEC’s 2025 Marketing Rule Risk Alert signals a shift from understanding the rule to proving execution, with examiners focused on consistent disclosures, supervision, and recordkeeping across all marketing channels. The SEC’s 2025 Marketing Rule Risk Alert marks a clear turning point in regulatory enforcement.
Beyond Email: Supervising Modern Communications
The FINRA Small Firm Conference closed with a panel that hit close to home for many compliance professionals. In “Beyond Email: Supervising Modern Communications,” the conversation brought together regulators and firm leaders to discuss how communication oversight is evolving alongside technology. Firms, especially smaller ones, can keep pace without breaking their budgets or burning out their teams when they have the right tools.
Generative AI in Financial Services: Key Trends, Risks & Governance Insights
At the FINRA Small Firm Conference, the panel on generative AI offered an insightful look into how firms are experimenting with AI tools, the opportunities they’re uncovering, and the challenges that come with them. The conversation reflected a mix of enthusiasm and caution as firms explore where AI can add value — and where controls are still catching up.
7 Hidden Voice Data Compliance Risks — And How to Eliminate Them with AI Analytics| Smarsh
In financial services, every conversation holds value. Yet, voice data — one of the most information-rich forms of communication — remains one of the least governed. From trader calls and contact center interactions to client conversations, the risk is not only in what you capture but also in what you overlook. When recordings are incomplete, disconnected, or unanalyzed, firms face compliance risks, data privacy concerns, and lost opportunities for valuable insights.
Vendor Oversight Insights from the FINRA Small Firm Conference
At the recent FINRA Small Firm Conference, panelists explored how effective vendor management supports compliance, cybersecurity, and operational resilience across financial services. The discussion surfaced several best practices firms may want to consider as part of their broader governance and risk frameworks. Focus area Practice to consider Vendor oversight Take a lifecycle approach that includes selection, due diligence, onboarding, monitoring, and offboarding.
AI Risk Detection for Compliance Teams
TL;DR: Smarsh Intelligent Agent Detect brings clarity and precision to compliance surveillance with AI that understands intent, supports multiple languages, and empowers teams to create and scale risk detection scenarios easily. Today’s compliance risk moves faster than most systems can keep up with. Traditional lexicon-based surveillance tools still rely on static keywords and rigid workflows — a mismatch for global teams that communicate across countless platforms and languages. The result?
FINRA Personal Liability Risks
TL;DR: FINRA’s recent enforcement actions highlight a growing trend — when supervisors ignore red flags or fail to enforce firm policies, they can face personal fines, suspensions, and accountability under FINRA Rule 3110. Supervision failures continue to surface in communications cases, and regulators are reminding firms that leadership accountability is not theoretical.
Smarsh Named a Leader in 2025 Gartner® Magic Quadrant™
TL;DR: Smarsh has been recognized as a Leader in the 2025 Gartner® Magic Quadrant™ for Digital Communications Governance and Archiving. We believe this recognition reflects our commitment to helping organizations turn communications data into actionable intelligence — and lasting confidence. For compliance, risk, and governance teams, the challenge is no longer simply capturing it all. It’s turning that growing ocean of data into clarity, intelligence, and confident decision-making.
Off-Channel Still Isn’t Over: When Archiving Gaps Create Compliance Headaches
TL;DR: Regulators continue to crack down on off-channel communication gaps, fining firms that can’t prove their recordkeeping systems actually capture every message as claimed. To avoid costly penalties, firms must actively test, audit, and supervise their archiving technology — not assume it’s working as intended. Off-channel communications enforcement shows no signs of slowing down.
Cyber Compliance for Financial Services: How Lean Teams Can Meet Enterprise Standards
TL;DR: Smaller financial firms face the same cybersecurity and compliance expectations as large institutions. With automation, templates, and unified reporting, lean teams can achieve enterprise-grade oversight without expanding headcount. Cybersecurity compliance has become a matter of business survival.
FINRA Rule 8210 Can Reach You Overseas: Are You Ready?
When FINRA released Regulatory Notice 25-11, it made one thing clear: jurisdiction doesn’t stop at the shoreline. The notice reinforces that FINRA Rule 8210 — which empowers the regulator to demand documents, data, and testimony — applies anywhere FINRA-registered firms and associated persons operate. Even if local data-protection laws make compliance difficult, the obligation stands.
Law Enforcement Records Management & Archiving
TL;DR: Law enforcement must archive mobile communications to ensure compliance with public records laws, protect officers, and strengthen investigations. Modern digital archiving solutions deliver automated capture, advanced search, and real-time monitoring — improving transparency, accountability, and efficiency. In an era of increasing public scrutiny and rising demands for accountability, law enforcement agencies must navigate a complex digital landscape.
CFTC’s Enforcement Sprint: $8.3M in Fines Show Off-Channel Communications Are Not Going Away
TL;DR: For financial firms, the message is clear: capturing all business communications isn’t optional. It’s an enduring obligation that regulators will continue to enforce, and firms that fall short expose themselves to unnecessary risk. The Commodity Futures Trading Commission (CFTC) announced a series of enforcement actions this week that once again highlight the persistent risks financial firms face when it comes to complying with recordkeeping and supervision obligations.
SEC OIG Report 587: Lessons from Gensler’s Lost Texts
A September 3, 2025 report detailing how policy automation, weak change control, and a rushed factory reset erased nearly a year of former SEC Chair Gary Gensler’s texts. Tie MDM/DLP to compliance workflows. Require backups/legal holds before wipes, monitor for inactive devices, and retain logs to prove capture and supervision. Bans alone push activity to shadow channels. Regulators have issued multi-billion-dollar fines since 2021 for unpreserved communications.
AI Governance in Financial Services: FINRA & SEC Guidance
TL;DR: While there's a lack of explicit AI governance requirements, firms should use existing regulatory rules to inform their use of AI. As artificial intelligence continues to integrate into daily business operations — from client chatbots to generative marketing tools — regulators are signaling a simple but firm message: existing rules still apply.
AI Compliance in Financial Services: Top Questions Answered
Smarsh provides this material for informational purposes only. Smarsh does not provide legal advice or opinions. You must consult your attorney regarding your compliance with applicable laws and regulations. Artificial intelligence (AI) is rapidly transforming the financial services industry — streamlining everything from meeting transcription and client communication to research generation and compliance workflows. But with innovation comes complexity.
SEC Crypto Regulation 2025: From Crackdowns to Constructive Frameworks
SUBSCRIBE TO BLOG Subscribe to receive a monthly digest of articles exploring regulatory updates, news, trends and best practices in electronic communications capture and archiving. Smarsh handles information you submit to Smarsh in accordance with its Privacy Policy.
Enforcement Trends: More Supervision, Less Surprise
SUBSCRIBE TO BLOG Subscribe to receive a monthly digest of articles exploring regulatory updates, news, trends and best practices in electronic communications capture and archiving. Smarsh handles information you submit to Smarsh in accordance with its Privacy Policy.
Leadership and Regulatory Tone: Atkins Brings Deliberation to the SEC
SUBSCRIBE TO BLOG Subscribe to receive a monthly digest of articles exploring regulatory updates, news, trends and best practices in electronic communications capture and archiving. Smarsh handles information you submit to Smarsh in accordance with its Privacy Policy.
Smarsh and Google Workspace: A New Era of Compliant Collaboration for Financial Services
Financial firms face a challenge: how to embrace modern tools without opening the door to compliance risk. Smarsh is helping to solve that challenge by empowering firms to move faster, collaborate smarter, and remain audit-ready at every step with a new solution that integrates with Google Workspace. Why it matters Compliance teams must ensure modern collaboration tools like Google Workspace don’t create regulatory gaps.
AI in Financial Services: Enhancing Review, Elevating Oversight
SUBSCRIBE TO BLOG Subscribe to receive a monthly digest of articles exploring regulatory updates, news, trends and best practices in electronic communications capture and archiving. Smarsh handles information you submit to Smarsh in accordance with its Privacy Policy.
What We Heard at FINRA’s AI Panel: Clarity May Be Future State, But Expectations Are Already Here
As generative AI adoption accelerates across financial services, regulators are still figuring out how to respond. At FINRA’s 2025 Annual Conference, the panel Artificial Intelligence: Opportunities and Use by Member Firms offered valuable insight into where regulatory thinking stands today — and where it may be headed. Here are four key observations compliance leaders should keep top of mind. Why it matters Generative AI use cases in financial services are increasing.
Resilience, Risk, and Readiness: What We Heard at Smarsh Connect
At Smarsh Connect, one thing was clear: financial services firms are facing uncertainty head-on — not by pulling back, but by doubling down on agility, governance, and smart innovation. Whether it was hallway conversations, roundtable discussions, or standing-room-only sessions, the event made it evident that compliance teams are navigating change with confidence. Here are four major themes that stood out.
Regulatory Insights: Key Takeaways from SIFMA C&L Conference and SEC AI Roundtable
Regulatory expectations continue to evolve in 2025, with important insights emerging from both the SIFMA C&L Conference and SEC AI Roundtable. I've distilled the key discussions on off-channel communications, AI governance frameworks, and changing enforcement priorities to help you navigate the shifting compliance landscape. Why it matters Firms must proactively adapt compliance programs, mitigate emerging risks, and ensure they remain ahead of regulatory changes.
Innovation vs. Regulation: Who Wins in the Deregulation Era?
We’ve now been through almost 2 months of watching things moving fast and breaking in the regulatory world, with no end in sight. Even the most powerful AI engine cannot predict the future, leaving us with the question of “what happens to compliance?” Will the shocks of deregulation and strong support for financial innovation fundamentally change the work of compliance teams, or perhaps cause them to shift budgets and attention elsewhere?
5 Don’ts When Choosing Your Next Archive
Purchasing an archive today is not as straightforward as it was 15 years ago. What’s changed, you might ask? Well, data. It's become incredibly valuable. Plus, it’s outpaced old technologies, growing at an explosive rate and a velocity that is hard to keep up with. Now, it's not just about retaining and accessing data, but also analyzing, indexing, searching, automating, gaining insights, and enriching it. And, of course, it must be secure, resilient, and scalable to keep up with your business.
Recordkeeping and Transparency in the Era of AI: What We Learned from 2024 Headlines
In our recent webinar, “Recordkeeping Headlines from 2024 and The Future of Transparency,” our experts reflected on the latest trends in government recordkeeping and transparency, including the rising role of artificial intelligence (AI). In this discussion, our experts shared critical best practices for how government and public sector agencies can best prepare for open records requests in 2025 and beyond. Below of some key highlights.
Regulatory Alert: Must-Know Details of the 2025 FINRA Annual Regulatory Oversight Report
SUBSCRIBE TO BLOG Subscribe to receive a monthly digest of articles exploring regulatory updates, news, trends and best practices in electronic communications capture and archiving. Smarsh handles information you submit to Smarsh in accordance with its Privacy Policy.
Off-Channel Communications Violations Strike Again: $63 Million in Penalties
Off-channel communications have been a constant topic under the current leadership of the SEC as well as CFTC. Highlighted by multi-million dollar enforcement settlements and a never-ending search for best practices, this week’s $63 million in penalties across twelve firms may likely represent one of the last major waves before the change in administration takes place. However, its impact is very likely to linger well into the future.
2025 Digital Communications Outlook: Top 5 Predictions
SUBSCRIBE TO BLOG Subscribe to receive a monthly digest of articles exploring regulatory updates, news, trends and best practices in electronic communications capture and archiving. Smarsh handles information you submit to Smarsh in accordance with its Privacy Policy.
Generative AI is Here to Stay: Why Firms Must Prioritize Governance for Sustainable Success
Over the course of the webinar series, our experts noted a significant change occurring in the investment of generative AI governance programs, establishing guardrails to evaluate new use cases, track projects, and communicate processes within their organizations.
XLoD Global – London 2024: Key Insights and Takeaways from Smarsh | Smarsh
The Smarsh team was excited to serve as a Lead Sponsor at the 2024 XLoD Global in London. Surveillance leaders from the world's largest financial institutions gathered to discuss non-financial misconduct, regulatory compliance trends and emerging issues.
Georgia Public Records: A Guide to Meeting Open Records Requirements and Improving Transparency
In today’s digital communications era, state and local government agencies in Georgia encounter a complex landscape of public records laws. Complying with the requirements of these laws is essential for fostering public trust and ensuring operational efficiency. Discover how Smarsh can be a key partner in navigating this journey successfully. Why this matters Compliance with the Georgia Open Records Act ensures transparency and accountability.
The AI Balancing Act: 2024 FINRA AI Guidance on Juggling Innovation and Compliance
As someone deeply immersed in regulatory compliance, I had the privilege of attending two pivotal FINRA conferences this year: the FINRA Advertising Regulation Conference and the Small Firm Conference. Both events featured sessions on artificial intelligence (AI) that provided invaluable insights into how this transformative technology is reshaping the financial services industry.
From Penalties to Practices: Decoding the SEC's New Vision for Communication Records
As we navigate the ever-changing world of financial regulation, it’s crucial to stay informed about the latest enforcement actions from the SEC. In 2024, we've seen the SEC ramp up its efforts with industry-wide sweeps, particularly focusing on off-channel communications. These sweeps are more than just a regulatory checkbox; they're reshaping how we think about day-to-day operations in our firms.
Navigating Illinois Public Records Laws: Meet Open Records Requirements and Build Trust
In the age of digital communication, state and local government agencies in Illinois face a complex landscape of public records laws essential for maintaining public trust and operational efficiency. Learn how Smarsh can be your ultimate ally in achieving success on this journey. Why this matters Understanding your agency's public records obligations is essential for maintaining public trust and operational efficiency. Failure to comply can lead to penalties and reputational damage.
SEC's 2025 Examination Priorities: Key Insights on AI, Crypto and Cybersecurity
The quick take The SEC's examination priorities for 2025 largely focus on emerging technologies, including the oversight of AI, cryptocurrency assets, cybersecurity, and vendor risk management. There is also a significant emphasis on compliance with communication regulations, especially given the rise in enforcement actions. To meet these priorities and adjust to evolving regulations, firms should take immediate steps to strengthen their compliance frameworks.
Navigating the DOJ's 2024 ECCP Update: How AI and Tech Shapes Corporate Compliance
The U.S. Department of Justice (DOJ) has released its 2024 update to the Evaluation of Corporate Compliance Programs (ECCP). This update reflects the DOJ's recognition of how rapidly evolving tech is reshaping business operations and compliance challenges.
SEC Issues Enforcement Actions Related to Marketing Rule
This year, the Securities and Exchange Commission (SEC) sent a clear message to the investment advisory industry with its latest enforcement actions related to the SEC Marketing Rule. Five firms were charged and fined over $200,000 for a range of violations, underscoring the agency's commitment to ensuring advisers adhere to the rule's strict compliance requirements.
Top 10 Considerations When Selecting an Enterprise Archive Platform
Choosing the right digital communication archive is critical for financial organizations’ continued success. Organizations are making archiving solution decisions with an eye toward the future, ensuring that their investment in a new archive meets their data and regulatory requirements today and tomorrow. Before investing in a new communication archive solution, consider these critical capabilities: There is a good reason why performance sits at the top of the list.
Off-Channel Communications: Where Do You Stand?
We’ve spent the better part of two years tracking the status of regulatory action related to off-channel communications and continue to be left in search of industry best practices (in fact, we are still working on defining ‘good’ and ‘better’ before contemplating ‘best’).
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