Across all industries, private companies, family offices, and their owners and management teams face rapidly evolving challenges, opportunities, and risks in the dynamic environment that is 2025. Here are 11 issues that...more
3/10/2025
/ Acquisitions ,
Arbitration ,
Artificial Intelligence ,
Beneficial Owner ,
Business Succession ,
Buy-Sell Agreements ,
Class Action ,
Compliance ,
Connelly v United States ,
Consumer Protection Laws ,
Corporate Transparency Act ,
Data Privacy ,
E-Commerce ,
Estate Planning ,
Estate-Tax Exemption ,
Ethics ,
Family Businesses ,
Federal Trade Commission (FTC) ,
FinCEN ,
Form I-9 ,
Generation-Skipping Transfer ,
Gift-Tax Exemption ,
Immigration ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
IRS ,
Legislative Agendas ,
Limited Liability Company (LLC) ,
Limited Partnerships ,
Mergers ,
NLRB ,
Non-Compete Agreements ,
Private Attorneys General Act (PAGA) ,
Privately Held Corporations ,
Regulatory Reform ,
Risk Management ,
SCOTUS ,
State Legislatures ,
Tax Cuts and Jobs Act ,
Terms of Use ,
Valuation
Recently, the US Department of Homeland Security’s (DHS) Cybersecurity & Infrastructure Security Agency (CISA) issued a notice of proposed rulemaking (NPRM) which, if adopted, would require “covered entities” of critical...more
On June 5, the US Court of Appeals for the Fifth Circuit vacated a US Securities and Exchange Commission (SEC) Rule designed to provide investors in private funds — such as private equity, private credit, hedge funds, venture...more
In September 2023, we covered the Rules (Rule) published by the US Securities and Exchange Commission (SEC), developed to promote transparency for investors by increasing visibility into compensation schemes, sales practices,...more
5/17/2024
/ Administrative Procedure Act ,
Compensation ,
Compliance ,
Deadlines ,
Dodd-Frank ,
Food and Drug Administration (FDA) ,
Investment Advisers Act of 1940 ,
Investors ,
Oral Argument ,
Private Funds ,
Securities and Exchange Commission (SEC) ,
Transparency
On February 13, the US Department of the Treasury’s (USDT) Financial Crimes Enforcement Network (FinCEN) issued a notice of proposed rulemaking (NPRM) which, if adopted, would sweep Security and Exchange Commission-Registered...more
3/7/2024
/ AML/CFT ,
Audits ,
Bank Secrecy Act ,
Compliance ,
Employee Training ,
Exempt Reporting Advisers (ERAs) ,
Financial Institutions ,
FinCEN ,
Investment Adviser ,
Notice of Proposed Rulemaking (NOPR) ,
Patriot Act ,
Proposed Rules ,
Recordkeeping Requirements ,
Risk Assessment ,
Securities and Exchange Commission (SEC) ,
Suspicious Activity Reports (SARs) ,
U.S. Treasury
The US Securities and Exchange Commission (SEC) Division of Examinations recently released its 2024 Examinations Priorities, a yearly report that provides insight into the Division’s areas of focus to improve compliance,...more
10/26/2023
/ Business Valuations ,
Compliance ,
Conflicts of Interest ,
Cryptoassets ,
Disclosure Requirements ,
Examination Priorities ,
Fees ,
Fraud ,
Illiquid Assets ,
Information Security ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Policies and Procedures ,
Portfolio Managers ,
Proprietary Trading ,
Reporting Requirements ,
Risk Management ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC)
On August 23, 2023, in its efforts to promote transparency for investors by increasing visibility into compensation schemes, sales practices, and conflicts of interest, the US Securities and Exchange Commission (SEC) adopted...more
9/12/2023
/ Administrative Procedure Act ,
Attorney's Fees ,
Audits ,
Clawbacks ,
Compensation ,
Compliance ,
Conflicts of Interest ,
Deadlines ,
Disclosure Requirements ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Portfolios ,
Investors ,
New Amendments ,
New Rules ,
Private Funds ,
Recordkeeping Requirements ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Transparency
1. Cannabis Entering the Metaverse -
As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory...more
5/12/2023
/ Advertising ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Dormant Commerce Clause ,
Drug Testing ,
Enforcement ,
Federal Bans ,
Federal v State Law Application ,
Food and Drug Administration (FDA) ,
Interstate Commerce ,
Landlords ,
Marketing ,
Metaverse ,
NBA ,
NFL ,
SCOTUS ,
State Law Claims ,
USPTO
The US Securities and Exchange Commission (SEC) released a proposal to amend Rule 206(4)-2, the “custody rule” (the “current rule”), which currently requires all investment advisors with the ability to possess client funds...more
The US Securities and Exchange Commission (SEC) Division of Examinations recently released its 2023 Examinations Priorities, a yearly report that provides insight into the Division’s areas of focus to improve compliance,...more
2/16/2023
/ Conflicts of Interest ,
Environmental Social & Governance (ESG) ,
Fair Valuation ,
Fraud ,
Information Security ,
Investment Adviser ,
Investment Companies ,
Retail Investors ,
Risk Mitigation ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs)