Christopher Harvey

Christopher Harvey

Dechert LLP

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Federal Court Issues Trial Ruling in Section 36(b) “Manager of Managers” Lawsuit: AXA Advisory and Administrative Fees Held Not to...

The U.S. District Court for the District of New Jersey issued its post-trial ruling on August 25, 2016 in Sivolella v. AXA Equitable Life Insurance Company—the first Section 36(b) trial decision since 2009. The Court...more

9/20/2016 - AXA Equitable Life Burden of Proof Fees Fiduciary Duty Gartenberg Factors Insurance Industry Investment Adviser Investment Company Act of 1940 Investment Funds Life Insurance Mutual Funds Section 36(b)

SEC Charges Private Equity Adviser for Unregistered Brokerage Activity

The U.S. Securities and Exchange Commission (SEC) on June 1, 2016 announced a settled enforcement action against a private equity fund manager (Adviser) for acting as a broker-dealer without registering. The case is...more

6/15/2016 - Acquisitions Broker-Dealer Disgorgement Enforcement Actions Investment Adviser Investment Advisers Act of 1940 Mergers Portfolio Companies Private Equity Funds Sanctions SEC Securities Exchange Act Unregistered Brokers

The Brave New Fiduciary World Has Arrived – The DOL Tries to Find a More Ideal Balance in the Final “Investment Advice” Rules

The U.S. Department of Labor (the “DOL”) on April 6, 2016 released the final version of its “investment advice” regulation and accompanying prohibited transaction exemptions, a highly-anticipated milestone that is the...more

5/27/2016 - Benefit Plan Sponsors Best Interest Contract Exemptions Brokers Conflicts of Interest DOL ERISA Fiduciary Duty Final Rules Investment Adviser IRA Retirement Plan

The 15(c) Process Continues to be a Focus of the SEC Enforcement Staff

Two recent SEC Enforcement Division administrative settlements reinforce the importance for fund boards of directors and fund advisers to maintain a robust annual advisory contract renewal process....more

8/14/2015 - Asset Management Board of Directors Enforcement Actions Fund Managers Investment Adviser Investment Companies Investment Company Act of 1940 OCIE SEC Section 15(c)

SEC and CFTC Issue Identity Theft Red Flags Rules Applicable to Financial Institutions and Creditors

The SEC and CFTC recently issued joint Identity Theft Red Flags Rules (the “Rules”), which are rules and guidelines requiring certain financial institutions worldwide to adopt comprehensive data security programs to detect...more

4/30/2013 - Broker-Dealer CFTC CPO Data Protection FCMs FCRA Identity Theft Investment Adviser Red Flags Rule SEC

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