The SEC is undergoing a transformative phase under the leadership of Chairman Paul Atkins, who returned to the SEC in 2025 after serving as a commissioner from 2002 to 2008. The SEC is critical to our clients and anyone in the investment industry, so we focused one of our Cohen Client Conference panel discussions around this topic. Panelists explored key industry trends and technical insights shaping the regulatory agency’s current and future direction, drawing from recent developments and enforcement priorities. Below is a summary of the discussion.
The SEC’s current state reflects a deliberate shift toward centralized decision-making and operational efficiency. A significant reorganization has consolidated 10 regional offices into three geographic regions, each led by a regional head reporting directly to Washington, D.C. This restructuring, coupled with a 16% to 20% staff reduction, signals a return to streamlined, D.C.-driven oversight, reversing decentralized trends from prior years. The agency’s return to a full in-office, five-day work week — the first since 2019 — underscores a commitment to operational discipline.
Under Atkins’ leadership, the SEC is recalibrating its enforcement approach. The dismissal of numerous cases, particularly those involving crypto litigation, reflects a strategic pivot away from aggressive enforcement seen in recent years. The creation of a dedicated crypto task force on Day 1 of the new administration aims to establish a clear regulatory framework for crypto assets, addressing long-standing ambiguities about whether they are securities, commodities or another asset class.
Enforcement metrics are also evolving. Historically, success was measured by the number of cases filed (203,000 over the last four years) and fees collected ($10 billion, with $3 billion returned to investors). Moving forward, the focus is shifting toward investor protection, with “return to investor” emerging as a primary metric. This aligns with a broader emphasis on retail investors, market integrity, and combating fraud and manipulation.
The SEC’s enforcement philosophy under Atkins may emphasize individual accountability over corporate liability. Recent cases, such as SEC V. Commonwealth Equity Services and SEC v. Rashid, illustrate this shift. In Commonwealth, the SEC clarified that not all conflicts of interest are material, narrowing the scope of liability. In Rashid, the focus was on whether the individual’s actions fell below industry standards of care, rather than broadly implicating the fund. These rulings suggest firms should strengthen internal controls to ensure adherence to industry standards, particularly in expense reporting and client interactions.
The SEC’s approach to penalties is also changing. In recent years, penalties were often inflated by stacking multiple charges, a practice inconsistent with statutory guidelines. Going forward, penalties are expected to align more closely with plain-language statutory requirements, reducing the likelihood of excessive fines.
The SEC’s Cyber Emerging Technologies unit, staffed with 30 attorneys, is a technical focal point of the agency. This unit targets fraud involving Artificial Intelligence (AI), social media, hacking and blockchain, reflecting the agency’s recognition of technology’s growing role in financial markets. Firms must invest in cybersecurity and fraud detection systems to align with these priorities. Similarly, the SEC’s examination of AI implementation underscores the need for firms to document their processes and ensure compliance with disclosure requirements.
The SEC of today is focusing on statutory compliance, efficiency and investor-centric enforcement. Firms should prioritize fiduciary standards, clear disclosures and strong technology safeguards. This will help them align with the SEC’s emphasis on retail investors and market integrity, helping to ensure trust and adaptability in the evolving financial landscape.
Contact Bryan Friedmann or a member of your service team to discuss this topic further.
Thank you to our panelists for participating in this session: Rachel Copenhaver, Shareholder, Vedder Price; Jan Folena, Partner, Stradley Ronon; Jim Kaiser, Partner, Cohen & Co.
In this blog Cohen & Co is not rendering legal, accounting, investment, tax or other professional advice. Rather, the information contained in this blog is for general informational purposes only. Any decisions or actions based on the general information contained in this blog should be made or taken only after a detailed review of the specific facts, circumstances and current law with your professional advisers.