Markets remain exceptionally volatile following the announcement of the U.S. “Liberation Day” tariffs and retaliatory measures from other countries. While the ultimate path of policy remains uncertain, recent developments are...more
4/11/2025
/ Disclosure Requirements ,
Fund Managers ,
Investment ,
Investment Advisers Act of 1940 ,
Investors ,
Liquidity ,
Market Volatility ,
Portfolio Companies ,
Private Funds ,
Regulatory Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Tariffs ,
Valuation
Paul Atkins, who has been nominated by President Trump to serve as Chairperson of the Securities & Exchange Commission, last week completed a short confirmation hearing before the U.S. Senate Banking Committee. Despite its...more
The Senate Banking Committee convened on Thursday to consider the nomination of Paul Atkins, President Trump’s nominee for Chair of the Securities and Exchange Commission, along with the nominees for the Comptroller of the...more
In recent remarks at the Florida Bar's 41st Annual Federal Securities Institute and M&A Conference on February 24, 2025, SEC Acting Chair Mark Uyeda outlined his agenda for what he called a "return to normalcy" at the SEC. If...more
3/3/2025
/ Accredited Investors ,
Capital Markets ,
Disclosure Requirements ,
Investment ,
Investment Funds ,
Investors ,
Private Equity ,
Private Funds ,
Regulatory Agenda ,
Retail Investors ,
Securities and Exchange Commission (SEC)
On February 6, 2025, the SEC announced that it was providing a temporary exemption from compliance with Rule 13f-2 under the Securities Exchange Act of 1934 (the “Exchange Act”), which establishes a mandatory short reporting...more
The Securities and Exchange Commission’s (“SEC”) National Examination Program is designed to improve compliance, prevent fraud, monitor risk and inform policy. It is also a consistent source of referrals to the SEC’s Division...more
11/13/2024
/ Artificial Intelligence ,
Compliance ,
Confidentiality Agreements ,
Custody Rule ,
Disclosure Requirements ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Filing Requirements ,
Fraud ,
Fund Managers ,
Greenwashing ,
Indemnification ,
MNPI ,
Pay-To-Play ,
Recordkeeping Requirements ,
Retail Investors ,
Securities and Exchange Commission (SEC) ,
Whistleblowers
2023’s excitement for generative artificial intelligence (AI) prompted the SEC to respond on multiple fronts – stump speeches, rulemaking, new exam priorities and sweeps and previewing potential enforcement actions. SEC Chair...more
ESG continues to be a hot topic for 2024 for investors and regulators alike. The specific concerns investors and regulators have – and what they expect to develop over the coming months – differ, however, across...more
4/1/2024
/ Breach of Duty ,
Disclosure Requirements ,
Enforcement ,
Environmental Social & Governance (ESG) ,
EU ,
Fiduciary Duty ,
Financial Statements ,
Form 10-K ,
Greenhouse Gas Emissions ,
Greenwashing ,
Investors ,
Jurisdiction ,
Proposed Rules ,
Regulation S-K ,
Regulation S-X ,
Regulatory Agenda ,
Sustainability ,
UK
On March 1, 2024, Judge Liles C. Burke of the U.S. District Court for the Northern District of Alabama ruled that the Corporate Transparency Act (the “CTA”) is unconstitutional, leaving its future uncertain. The CTA requires...more
In the late fall of 2020, the SEC implemented rule amendments which created a single rule, the Marketing Rule, that replaces the current Advertising and Cash Solicitation Rules. The Marketing Rule represents both significant...more
10/14/2022
/ Advertising ,
Anti-Fraud Provisions ,
Cash Solicitation Rule ,
Compliance ,
Disclosure Requirements ,
Endorsements ,
Enforcement ,
Exempt Reporting Advisers (ERAs) ,
Marketing ,
New Rules ,
Securities and Exchange Commission (SEC) ,
Solicitation
On May 25, the Securities and Exchange Commission (“SEC”) issued proposed rules under the Investment Advisers Act of 1940 (“Advisers Act”) for advisers to private funds that consider environmental, social or governance...more
6/13/2022
/ Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Financial Services Industry ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Private Funds ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Securities and Exchange Commission (SEC)