News & Analysis as of

Investment Adviser Rescission

Wyrick Robbins Yates & Ponton LLP

Founders, Finders and Financings: Beware the Unregistered Broker-Dealer

Raising money is hard. Many founders think that it’ll be easy, and that a dozen investors will be lining up outside the room after their first pitch with term sheets in hand. ...more

Dechert LLP

SEC Rule Proposal: Good Faith Determinations of Fair Value Under the Investment Company Act

Dechert LLP on

The U.S. Securities and Exchange Commission on April 21, 2020 proposed a long-anticipated framework for fair valuation of fund investments. Proposed Rule 2a-5 under the Investment Company Act of 1940 would establish...more

A&O Shearman

Second Circuit Finds New Private Right Of Action Under Investment Company Act Of 1940

A&O Shearman on

Rejecting a widely-held consensus, on August 5, 2019, the United States Court of Appeals for the Second Circuit held that Section 47(b)(2) of the Investment Company Act (“ICA”) creates an implied private right of action for...more

Proskauer - Not for Profit/Exempt...

Update on the Department of Labor’s New Fiduciary Rules and Subsequent Challenges

On April 6, 2016, the Department of Labor under the Obama administration issued a new final rule and exemptions addressing when a person providing investment advice with respect to an employee benefit plan or individual...more

Dechert LLP

CFTC Grants Temporary CPO Registration Relief for Private and Public Fund-of-Funds Managers

Dechert LLP on

Introduction - In response to new commodity pool operator (CPO) and commodity trading advisor (CTA) compliance deadlines scheduled to go into effect on January 1, 2013 following the rescission of CFTC Regulation...more

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