Institutional Investment

News & Analysis as of

Second Circuit Affirms District Court’s Denial of Certification of Class of Investors Alleging Common Law Fraud Under New York Law

The Second Circuit affirmed the district court’s denial of class certification of a class of investors based on the appellants’ failure to satisfy the numerosity and commonality requirements of Rule 23(a). Following the...more

Academic Perspectives on Investor Activism: Q&A with Professor Laura Starks

Academic affiliate Laura Starks – the Charles E. & Sara M. Seay Regents Chair in Finance and Associate Dean for Research at the University of Texas at Austin’s McCombs School of Business – is an expert on corporate governance...more

ISS Launches QuickScore 3.0 and Announces Important Upcoming Data Verification Period for the 2015 Proxy Season

On October 29, 2014, Institutional Shareholder Services (ISS) released QuickScore 3.0, the latest version of its corporate governance scoring system for institutional investors. QuickScore 3.0 will launch on November 24,...more

Top 10 IPO Tips from “On Your Mark, Get Set, IPO!”

On October 1st, Mintz Levin, New England Clean Energy Council (NECEC), and Grant Thornton hosted “On Your Mark, Get Set, IPO,” a panel discussion concerning recent trends in the public offering market for cleantech growth...more

Market shake-up is driving financial institutions M&A - As the global economy shows promising signs of recovery, M&A deals in the...

Bright outlook despite the dark clouds - Tighter controls and sell-offs by banks form the backdrop to an exciting financial services M&A market as the global economy continues to recover: The regulatory tidal...more

G20 Publishes Report on Effective Approaches to Support Implementation of G20/OECD High-Level Principles on Long-Term Investment...

On September 21, the G20 published a report on effective approaches to support implementation of the G20/Organisation for Economic Co-operation and Development (OECD) high-level principles on long-term investment financing by...more

Corporate and Financial Weekly Digest - Volume IX, Issue 37

In this issue: - Council of Institutional Investors Issues Report on Board Evaluation Disclosure - FINRA Revises Proposal to Adopt Consolidated FINRA Rule 2231 - IRS Considers Whether Management Fees of...more

Foreign Brokers Doing Business in the United States

Foreign brokers that engage in securities transactions with U.S. investors based in the United States must be registered with the Securities and Exchange Commission (SEC). There are two major exceptions to this rule. The...more

Sustainability Reporting–Something to Consider

It’s common knowledge that investors, analysts and other stakeholders view certain non-financial information as increasingly important indicators of a company’s long-term value. This information tends to be grouped into three...more

Qatar Amends Regulations and Issues Rules as MSCI Upgrade Comes Into Effect

Qatar, along with the UAE, has been upgraded from “frontier” to “emerging” market status by MSCI (an upgrade that is now in effect), which is among the criteria used by a large number of institutional investors and private...more

Will the IPO Market Keep Its Momentum?

We’ve had a very active IPO market during the past year. A couple of reasons explain this phenomenon. First, institutional investors pulled back from the more risky initial public offerings after the crash of 2008. As the...more

Second Circuit Holds Mandatory Broker Dealer Arbitration Not Available to Non-Customer

On May 15, the US Court of Appeals for the Second Circuit issued a summary order in a closely watched case regarding the circumstances in which a broker dealer may be compelled to arbitrate with an institutional counter-party...more

Are Distressed Loan Fund Investors “Financial Institutions” And Why Does It Matter?

Once again, those of us in the commercial finance world are reminded of the age-old adage caveat emptor. This time the warning is directed at hedge funds and other investors with a penchant for purchasing distressed debt from...more

The International Comparative Legal Guide to Lending & Secured Finance 2014: Chapter 7: Yankee Loans – Structural Considerations...

The depth and liquidity of the investor base in the US institutional term loan market provides an attractive alternative for European borrowers in the leveraged finance market and has been a key source of financing liquidity,...more

The (Not-So) Hidden Risks of RIDEA Investment Structures

Many Real Estate Investment Trusts (REITs) have embraced the REIT Investment Diversification and Empowerment Act (RIDEA) structure for their senior housing asset investments. Non-REIT institutional investors sometimes employ...more

Introduction To The SDX Protocol

The Shareholder-Director Exchange (SDX™) is a working group of leading independent directors and representatives from some of the largest and most influential long-term institutional investors. SDX participants came together...more

The charitable corporation: A trust in disguise?

The charitable trust can have certain practical advantages over the charitable corporation, at least in some quarters and under certain circumstances. Operational simplicity and low-cost maintenance are some of the pluses....more

Corporate and Financial Weekly Digest - Volume VIII, Issue 48

In this issue: - SEC Proposes Rules for “Regulation A+” Offerings - NFA Notifies Members of FinCEN Advisory - SEC Announces Enforcement Results for 2013 - Delaware Chancery Reviews Privilege for...more

Court Rules Private Fund Data Is Not A Public Record

Private equity and venture capital funds like public pension fund money but they don’t necessarily like the consequences of having the government as an investor. As noted in this post, this was illustrated by Superior Court...more

SEC Lifts Ban on General Solicitation and Issues Disqualification Rules for "Bad Actors" in Certain Private Offerings

On July 10, 2013, the Securities and Exchange Commission (the "SEC") adopted new rules to implement certain requirements of the Jumpstart Our Business Startups Act of 2012 and the Dodd-Frank Wall Street Reform and Consumer...more

FINRA Formalizes Position on Pre-Inception Index Performance Data

Interpretive letter outlines the conditions for the use of exchange-traded product marketing materials containing pre-inception index performance, including disclosure requirements, performance presentation standards, and a...more

Financial Litigation Insights - Winter 2013 Vol. 5 No. 1

In This Issue: - It All Falls Down: As banks continue to settle Libor-rigging charges with regulators, institutional investors consider pursuing individual actions - The Next Wave of Asset-Backed Securities...more

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