Dechert LLP

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - Issue 9, October 2015: Germany

Implementation of the European Transparency Directive 2013/50/EU in Germany - All market participants investing in German stocks and other equity shares with voting rights traded on an exchange will be subject to new…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

SEC Proposes Sweeping Changes to Liquidity Risk Management Practices Used by Mutual Funds and ETFs

The U.S. Securities and Exchange Commission (SEC or Commission) on September 22, 2015 proposed a rule that would require all registered open-end funds and open-end exchange-traded funds (ETFs), other than money market funds…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

New EU Securitisation Regulation: Moving in the Right Direction

The European Commission published a draft regulation on a European framework for simple, transparent and standardised securitisation on 30 September 2015 (the “Draft Regulation”). The Draft Regulation aims to achieve a better…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Financial Services Quarterly Report - Third Quarter 2015: Developments in the Luxembourg Financial Sector

The Luxembourg government has brought to Parliament a bill of law transposing UCITS V into Luxembourg’s UCI Law and AIFM Law. Further, the Luxembourg CSSF published a new version of its AIFMD Frequently Asked Questions, among…more
| Finance & Banking, International Law & Trade, Securities Law, Taxation

Global Private Equity Newsletter - Fall 2015 Edition: Buyer Beware – Court Lowers Hurdle to Make Claim for Withdrawal Liability Under the Successorship Doctrine

In Tsareff v. ManWeb Services, Inc., the U.S. Court of Appeals for the Seventh Circuit held that an asset purchaser’s pre-closing knowledge of a seller’s potential multiemployer plan withdrawal liability could be sufficient to…more
| Bankruptcy, Civil Procedure, Finance & Banking, Labor & Employment Law, Mergers & Acquisitions

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - Issue 9, October 2015: France

French SICAV – Reduction of the Minimum Number of Shareholders for Unlisted SICAV - The Ordinance n° 2015-1127 was published on 10 September 2015. The purpose of this Ordinance was to reduce the required minimum number of…more
| Business Organizations, Finance & Banking, International Law & Trade, Securities Law

Macroeconomic Surveys from the BEA: A Primer for Asset Managers and the Financial Services Industry

For many U.S. asset managers and other financial services providers, the recent BE-10 Benchmark Survey of U.S. Direct Investment Abroad (BE-10) and the upcoming BE-180 Benchmark Survey of Financial Services Transactions Between…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

Clear Contractual Terms Prevail Over Equitable Principles in Bankruptcy Cases (Again)

Bankruptcy courts in the U.S. are widely viewed as favorable fora for debtors, trustees and creditors’ committees to pursue creative and difficult causes of actions against deep-pockets lenders and others in an attempt to…more
| Bankruptcy, Business Torts, Civil Procedure, Commercial Law & Contracts, Finance & Banking

Financial Services Quarterly Report - Third Quarter 2015: Recent Developments in U.S. “Excessive Fee” Litigation

The U.S. mutual fund industry is poised to see significant developments in the ongoing wave of Section 36(b) “excessive fee” litigation. Days apart in August, the Seventh Circuit Court of Appeals affirmed the grant of summary…more
| Business Organizations, Civil Procedure, Civil Remedies, Finance & Banking, Securities Law

The Trans-Pacific Partnership agreement (TPP), which promises significant trade liberalization and investment protection, is finally agreed

After 10 years of negotiations, trade ministers from 12 Pacific Rim countries representing 40% of the world’s economy and one-third of global trade have reached a trade agreement, referred to as the Trans-Pacific Partnership…more
| International Law & Trade

Asset Management Industry: Financial Stability Update, Fall 2015

As U.S. and global regulators continue to evaluate the potential impact, if any, of the asset management industry and its products and activities on financial stability, the regulatory standards that will ultimately be applied…more
| Finance & Banking, International Law & Trade, Securities Law

Data Protection: EU-US Safe Harbor declared invalid by EU court

In our recent update, we reported that the Advocate General (“AG”) to the Court of Justice of the European Union (“CJEU”), the highest court in the EU, gave an opinion that “safe harbor” should be declared invalid and that local…more
| Civil Procedure, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Effect of Recent New York City Amendments May Limit Brokers and Advisers in Conducting Credit and Background Checks on Potential Employees

The New York City Council recently passed two amendments to the New York City Human Rights Law that are likely to substantially affect the manner in which firms in New York City may evaluate the qualifications and background of…more
| Civil Rights, Finance & Banking, Labor & Employment Law, Securities Law

Financial Services Quarterly Report Third Quarter 2015: China’s Policy Response to Market Turbulence: What It Means for Fund Managers

News of the volatile Chinese stock market has dominated international headlines over the past couple of months, and the spotlight has been on the Chinese authorities’ reaction to these developments. Their wide-reaching policy…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

UK tax treatment of US LLC: HMRC’s practice following Anson

We reported earlier this year on the UK Supreme Court’s decision in HMRC v Anson, in which it was held that a UK taxpayer, Mr. Anson, was entitled to claim relief against his UK tax liabilities for US tax paid on his share of…more
| Business Organizations, Civil Procedure, International Law & Trade, Taxation
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Circa Centre, 2929 Arch Street
Philadelphia, PA 19104, United States

Contact: Beth Huffman

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