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Investment Compliance

SEC Compliance Consultants, Inc. (SEC³)

Nine Advisers Face $1.24 Million Fallout from SEC’s Marketing Rule Sweep

September 30 is the SEC’s fiscal year-end, so it's no surprise to see an uptick in enforcement cases this month. The latest slew of settlements involved violations of the Marketing Rule (Advisers Act Rule 204(4)-1) for...more

Mintz

SEC Disbands ESG Task Force

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It has been reported that the Securities & Exchange Commission has disbanded its Climate & ESG Task Force. This same task force had been launched with great fanfare in March 2021, at the beginning of the Biden...more

Adams and Reese LLP

International Compliance Digest – August 2024

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August was another robust month in international trade that further signifies the need for corporations to invest in effective compliance programs. For starters, the DOJ unveiled a new program that incentivizes corporate...more

Thomas Fox - Compliance Evangelist

The Bre-X Mining Scandal: Part 5 – A Guide for the 2024 Compliance Professional (Part 1)

As we close out this series on the Bre-X mining scandal, the lessons from this notorious case continue to resonate, especially for today’s compliance professionals. The fraud that led to the downfall of Bre-X and the ensuing...more

Thomas Fox - Compliance Evangelist

The Bre-X Mining Scandal, Part 4: The Bre-X Scandal: A Turning Point in Mining Compliance

The Bre-X mining scandal of the 1990s is one of history’s most infamous corporate fraud cases. Bre-X Minerals Ltd., a small Canadian company, falsely reported one of the largest gold deposits ever discovered in Indonesia,...more

Thomas Fox - Compliance Evangelist

The Bre-X Mining Scandal, Part 3: Why Was No One Prosecuted

In the annals of corporate fraud, few scandals match the magnitude of the Bre-X mining affair. For compliance professionals, the lessons from this incident resonate deeply, not just because of the scale of the deception but...more

Thomas Fox - Compliance Evangelist

The Bre-X Mining Scandal, Part 2: Why Was it So Sensational?

In the annals of corporate fraud, few scandals match the magnitude of the Bre-X mining affair. For compliance professionals, the lessons from this incident resonate deeply, not just because of the scale of the deception but...more

Proskauer Rose LLP

Question of the Week: What does the future of dealmaking look like for AI-related companies?

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"We’re currently seeing a lot of follow-on investments into AI. For example, sponsors are making incremental investments into portfolio companies or using portco balance sheet cash and/or stock to finance acquisitions of...more

Thomas Fox - Compliance Evangelist

The Bre-X Mining Scandal, Part 1: A Scandal for the Ages

Few corporate scandals are still as infamous or devastating as the Bre-X mining scandal. What began as a story of incredible wealth, fueled by the promise of one of the largest gold deposits ever discovered, unraveled into...more

Ankura

Compliance and Risk Management in Regulated English Football Clubs: The Rise of the Non-Executive Director

Ankura on

With the surprise dissolution of the UK Parliament for the coming General Election on 4 July 2024, voting on the Football Governance Bill (The Bill) has slipped into the next Parliament. That said, The Bill does appear to...more

Dechert LLP

Highlights from the CFIUS Annual Report

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The U.S. Department of the Treasury’s Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) has published its Annual Report to Congress for 2023 (the “Annual Report”), which provides important data...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU’s 14th Sanctions Package: Compliance Obligations Expand and Exits Are Facilitated

On 24 June 2024, the European Union (EU) adopted its 14th sanctions package directed against Russia, imposing an asset freeze against an additional 116 individuals and entities and expanding sectoral sanctions targeting key...more

Proskauer - Regulatory & Compliance

Treasury Department Moves to Expand CFIUS’s Real Estate Jurisdiction & Implement China-Bound Tech Investment Restrictions

The U.S. Department of the Treasury (Treasury), as Chair of the Committee on Foreign Investment in the United States (CFIUS), has announced a proposed rule to expand CFIUS’s jurisdiction over real estate transactions by...more

DarrowEverett LLP

Fifth Circuit Puts the Brakes on SEC’s Private Fund Rules: What’s Next For Private Fund Advisers

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In a continuation of recent court decisions overturning the rulemaking authority of federal agencies, a recent decision by the U.S. Court of Appeals for the Fifth Circuit vacated the Securities and Exchange Commission’s (SEC)...more

Mintz - Privacy & Cybersecurity Viewpoints

SEC Issues Updated Guidance on Cybersecurity Incident Disclosure Under Item 1.05 of Form 8-K

On June 24, 2024, the SEC issued five new Compliance & Disclosure Interpretations (C&DIs) relating to the materiality assessment and disclosure requirements of material cybersecurity incidents under Item 1.05 of Form 8-K....more

Walkers

Initial guidance on the use of AI in the provision of investment services

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With the Regulation on Artificial Intelligence (the "AI Act") entering into force in due course, following its publication in the Official Journal of the EU, there has been an increasing focus of supervisory bodies to provide...more

A&O Shearman

Key antitrust findings - May 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. David Higbee (Global Head of Antitrust) and Dominic Long (Global Deputy Head of Antitrust) are our editors this month....more

KPMG Board Leadership Center (BLC)

Board oversight of GenAI

Like few topics before it, generative artificial intelligence (GenAI) has dominated discussions in many C-suites over the last year. Boards are playing a crucial role in both encouraging management to accelerate the pace of...more

Foley & Lardner LLP

The Opportunities, Risks, And Rewards Of AI Acquisitions

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Amid a period of recalibration, the artificial intelligence industry is experiencing a transformational phase. According to a recent report from Stanford’s Institute for Human-Centered Artificial Intelligence that closely...more

Foley & Lardner LLP

8 Legal Issues Influencing Investors In The Creator Economy

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In recent months, there has been an onslaught of negative news surrounding startup investment. However, recent reporting from The Information points to two specific sectors where investment is actually on the rise....more

HaystackID

April 2024 HSR Transactions: Examining the Impact on Cybersecurity and eDiscovery Practices

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In the first quarter of 2024, the U.S. economy demonstrated a moderated growth rate of 1.6 percent in real GDP, marking a slowdown from the 3.4 percent growth observed in the last quarter of 2023. Despite this deceleration,...more

Pillsbury Winthrop Shaw Pittman LLP

DOL Expands Investment Advice Subject to Fiduciary Liability

Following previous failed attempts to expand the fiduciary liability of financial services providers, the DOL released a new rule that broadens the definition of “fiduciary” under ERISA. The new rule is expected to face...more

HaystackID

March 2024 HSR Transactions: Unpacking Their Implications for Cybersecurity and eDiscovery Trends

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Editor’s Note: This comprehensive report explores the intricate relationship between economic trends, Hart-Scott-Rodino (HSR) transaction activities, and their implications for professionals in cybersecurity, information...more

Guidepost Solutions LLC

A “Quick Guide” to Government Whistleblower and Voluntary Self-Disclosure Programs: Heed the Warning from DOJ to Strengthen...

The Department of Justice (DOJ) has sounded the alarm: an aggressive crackdown on corporate misconduct is imminent. With an enforcement program on the horizon, corporations must heed the warning and take proactive measures to...more

Seward & Kissel LLP

SEC Releases Materials on T+1 Settlement Cycle Adoption in Advance of May Compliance Date

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Who may be interested: Registered-Investment Companies; Investment Advisers; Broker-Dealers - Quick Take: In May 2023, the SEC adopted several Rules and Rule amendments which, among other things, shorten the standard...more

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