News & Analysis as of

Investment

ALJ Finds Violation in Mobile Device Holders Investigation

by Jones Day on

ALJ Pender’s initial determination in Certain Mobile Device Holders and Components Thereof, Inv. No. 337-TA-1028 (Sept. 12, 2017), finding a violation of Section 337, provides important guidance on what investments count...more

The SEC Wants To Know What’s Next For Blockchain: Are You Keeping Up?

On October 12, 2017, the United States Securities and Exchange Commission’s Investor Advisory Committee met to discuss Blockchain technology and its impact on the securities industry....more

Pennsylvania Court Holds Fiduciary Duty Exists Only Where Consumer Cedes Decision-Making Control to the Fiduciary

by Carlton Fields on

The Pennsylvania Supreme Court recently held in Yenchi v. Ameriprise Financial, Inc. that a financial adviser owed no fiduciary duty to a couple who purchased a life insurance policy based on the adviser’s advice where they...more

PE in Indonesia – a vibrant market

by Hogan Lovells on

Indonesia is gaining popularity among both regional and international private equity funds. Demographics and economic forces increasingly portray Indonesia as a 'must-be-in' market....more

Certified Financial Planner Board Proposes Fiduciary Obligations for All CFP Financial Advice

by Carlton Fields on

In June, the Certified Financial Planner (CFP) Board released proposed revisions to its standards of professional conduct that would require CFPs to adhere to a fiduciary standard at all times when providing any "financial...more

The DOL Fiduciary Rule: Charting a Course, Avoiding Collisions & Potential Litigation Q&A #2 - Q&As on Annuity Sales Practices,...

by Carlton Fields on

Last month, we wrote about potential litigation issues under the “revised temporary” DOL Rule involving the offer and sale of annuities in the IRA market. This paper continues that discussion. I emphasize to the reader that...more

The Fiduciary Rule Status Update

by Carlton Fields on

On April 8, the Department of Labor published the so-called "Fiduciary Rule." It defines who is an employee benefit plan’s "fiduciary" for purposes of the Employee Retirement Income Security Act (ERISA) and the Internal...more

Orrick's Financial Industry Week In Review

France Welcomes Foreign and Alternative Capital Providers with Latest Reform of Finance Sector - Long a cornerstone of the French banking system, the "French banking monopoly" largely prevents non-bank entities from...more

Nevada Securities Act Amendments – What’s Next?

by Carlton Fields on

Over the summer, much was written about amendments to the Nevada Securities Act provisions governing financial planners, which became effective July 1, after being signed by the Governor on June 2....more

Five Takeaways From Fenwick’s Sixth Annual Digital Health Investor Summit

Fenwick’s Sixth Annual Digital Health Investor Summit started on an upbeat note with Rock Health’s Megan Zweig sharing the venture fund’s mid-year funding report. After the uncertainty brought by the 2016 presidential...more

ESMA to review its Guidelines on ETFs and Other UCITS Issues

by Dechert LLP on

The European Securities and Markets Authority (ESMA) has published its 2018 Work Programme (the Programme), which sets out ESMA's priorities and areas of focus for 2018. Supervisory convergence and the assessment of risks are...more

FERC Confirms that FPA Section 203 Approval is Not Required for Tax Equity Investment

by Foley & Lardner LLP on

Federal Energy Regulatory Commission (“FERC”) has issued a declaratory order confirming that no approval under Section 203 of the Federal Power Act (“FPA”) is required in connection with the transfer or issuance of passive...more

Steering the course – navigating bribery and corruption risk in private equity investments: Part 1

by Hogan Lovells on

Identifying Bribery and Corruption risk in the context of private equity investments (and M&A more generally) is key to ensuring the value of an acquisition. Companies will busy themselves with due diligence on tax,...more

Healthcare & Life Sciences Private Equity Deal Tracker: Primus Capital Invests in Healthcare Bluebook

by McGuireWoods LLP on

Primus Capital Funds has made an investment in Healthcare Bluebook, according to a news release. Healthcare Bluebook, based in Nashville, is an independent provider of healthcare price and quality transparency solutions....more

A Note on Investment Security: Reinsurance Investment Security Subgroup’s Recent Decision

The National Association of Insurance Commissioners (NAIC) Reinsurance Investment Security Subgroup (the Subgroup) was formed earlier this year with representatives from eight states: Connecticut, California, Colorado,...more

A road map to Life Sciences M&A in Italy

by Hogan Lovells on

U.S.-based life sciences companies considering transactions in Europe may easily become overwhelmed with the complexity of Europe’s various jurisdictions. In this series, members of our European Life Sciences Transactions...more

Does investing in a PFIC make sense given FATCA reporting?

by Foodman CPAs & Advisors on

Since FATCA’s implementation in 2010, investing in a Passive Foreign Investment Company (PFIC) is a questionable decision. PFICs are reportable investments and their tax regime is punitive. Under FATCA, US Taxpayers’...more

Unitranche: On the up, down under

by Hogan Lovells on

Unitranche facilities have been a feature of the European and US markets for a number of years, and have recently been making their mark in Australia. What is unitranche? A unitranche facility is a single facility which...more

NRD Capital Management’s Strategy and Focus: Q&A With Susan Beth

by McGuireWoods LLP on

Susan Beth is chief operating officer of NRD Capital Management, an Atlanta-based private equity firm. Q: How would you describe NRD’s investment focus? Susan Beth: NRD Capital is focused on investing in multi-location,...more

The Resurgence of "Selling Away"

by Reminger Co., LPA on

With the market performing well in the last several years, there has been a resurgence of “selling away” claims. Selling away occurs when an investment professional sells securities not held, offered, or approved by his or...more

In Conversation with…GBite Oduneye, founder of Nigerian Capital Markets Forum

by Hogan Lovells on

(a) You have been working in the Nigerian Capital Markets space for about 11 years now - what would you say has kept you attracted to the Market? My mother introduced me to Capital Markets at a very young age. She strongly...more

What’s on the Menu for Private Equity Funds, Sovereign Wealth Funds, and Investment Managers

by Hogan Lovells on

In this hoganlovells.com interview, Hogan Lovells partner Michael Szlamkowicz talks about what types of transactions private equity funds, sovereign wealth funds, and investment managers are considering and why life sciences...more

A Dynamic Digital Health Sector Means More and Bigger Deals

The digital health sector is beginning to mature and investors are pouring more money into more deals, reports Rock Health in its survey of digital health investment in the first half of 2017. And, we might add, into bigger...more

Unicorns: Stats and Figures

Since 2004, the number of companies valued at over $1 billion, known as unicorns, has grown exponentially. Pitchbook’s recently published Unicorn Report notes that unicorns currently make up one-fifth of 2017’s total deal...more

Second term for Uhuru Kenyatta begins with work clearly cut out

by Hogan Lovells on

Kenya’s 2017 General Elections have been one of the most anticipated and closely monitored. For the first time, the sitting president, Uhuru Kenyatta was working to defend his position against a united opposition. Close to...more

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