News & Analysis as of

Fiduciary Duty Business Continuity Plans

Troutman Pepper

SEC’s Office of Compliance Inspections and Examinations Issues COVID-19 Risk Alert

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Why It Matters - Broker-dealers and investment advisers should take heed of OCIE’s guidance and assess their compliance policies and procedures accordingly. Compliance should consider, in consultation with their counsel,...more

Hogan Lovells

Practical insights for boards of directors in the time of COVID-19

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The COVID-19 pandemic has created unprecedented uncertainty for all participants in the U.S. and global economy. To stem the spread of COVID-19, many local and national governments have issued significant restrictions on...more

Ballard Spahr LLP

Director Fiduciary Duties: Navigating Financial Distress During COVID-19

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We are currently at the beginning of an economic downturn driven by a global pandemic that has resulted in unprecedented economic disruption that has been, and will continue to be, severe. ...more

Morgan Lewis

Boards of Directors Must Continue to Meet Fiduciary Duties During Pandemic

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As the coronavirus (COVID-19) pandemic disrupts everyday life throughout the world, boards of directors of corporations working around the clock to understand, address, and mitigate its effects on business operations must...more

NAVEX

After COVID-19, Where Was the Board?

NAVEX on

COVID-19 is testing every part of a corporation and its business continuity planning. And the very top of the organization — namely, the board of directors — is no exception. What are the board’s responsibilities during...more

Troutman Pepper

Guidance for Private Funds on Navigating COVID-19 Crisis

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The spread of COVID-19 and its impact on the global economy has presented a seemingly endless list of complications for enterprises across a number of industries. ...more

Morrison & Foerster LLP

COVID-19 (Coronavirus): A Practical Checklist For Directors

As the COVID-19 (Coronavirus) outbreak continues to wreak havoc across the globe, boards of directors have a critical oversight role to play in helping their companies navigate through these uncertain times. Below is a...more

Morrison & Foerster LLP

Investment Adviser Compliance Index - 2019

The Investment Advisers Act of 1940 (the “Advisers Act”) is the shortest of the federal securities laws enacted after the Great Depression, and the SEC has adopted relatively few regulations under the Advisers Act. As any...more

Troutman Pepper

Treasury Report Addresses Regulatory Approaches Affecting Investment Companies and Their Advisers

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As required by President Trump’s Executive Order 13772, the U.S. Department of the Treasury issued a report, “A Financial System That Creates Economic Opportunities, Asset Management and Insurance,” addressing the regulatory...more

Carlton Fields

What’s Your Game Plan? Offensive or Defensive: Playing to Your Strengths [Expect Focus – October 2016]

Carlton Fields on

- AXA Prevails at First Post-Jones v. Harris Excessive Fee Trial - Potential Secondary Effects of Regulatory Examinations: Evidentiary Issues and Preclusion in Parallel Litigation - On The Horizon: Global...more

Ballard Spahr LLP

Investment Management Update

Ballard Spahr LLP on

Investment Adviser AXA Wins Excessive Fee Trial - A federal judge in New Jersey has ruled in favor of AXA Equitable Life Insurance Company (AXA Equitable) and its wholly owned subsidiary, AXA Equitable Funds Management...more

Dechert LLP

SEC Proposes Rule Requiring Investment Advisers to Adopt Business Continuity and Transition Plans; Division of Investment...

Dechert LLP on

The U.S. Securities and Exchange Commission (SEC) on June 28, 2016, proposed new Rule 206(4)-4 (Proposed Rule) under the Investment Advisers Act of 1940 (Advisers Act). The Proposed Rule would require every SEC-registered...more

Foley Hoag LLP

SEC Proposes Rule Requiring Investment Advisers to Adopt Business Continuity and Transition Plans

Foley Hoag LLP on

The Securities and Exchange Commission (“SEC”) has recently proposed a new rule that would require SEC-registered investment advisers to adopt and implement written business continuity and transition plans (“BCP”) reasonably...more

Foley & Lardner LLP

Legal Considerations in Businesses’ Disaster Planning

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In the last decade, Disaster Recovery (“DR”) and Business Continuity Planning (“BCP”) have become “hot” topics, as companies attempt to deal with disasters and the associated business risks. “Force majeure” is a legal concept...more

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