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Thomas Fox - Compliance Evangelist

10 For 10: Top Compliance Stories For The Week Ending, March 22, 2025

Welcome to 10 For 10, the podcast that brings you the week’s Top 10 compliance stories in one podcast each week. Tom Fox, the Voice of Compliance, brings you the compliance professional and the compliance stories you need to...more

Polsinelli

ESOP Transactions and the Duty to Monitor Revisited

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Key Takeaways: Board’s Duty to Monitor the Trustee: A company’s board of directors has a fiduciary duty to monitor the ESOP trustee’s actions in an ESOP transaction, ensuring that the trustee is acting in the exclusive...more

Cadwalader, Wickersham & Taft LLP

Capital Call Securitisation, March 2025 - Subscription Finance Facilities – the Allure to Securitise: A European Perspective

Securitisation of subscription finance facilities is en vogue in fund finance. We have written previously on this topic, offering a primer on capital call securitisations and a Q&A regarding a first publicly rated cash...more

Stinson - Corporate & Securities Law Blog

SEC Addresses Crypto Proof-of-Work Mining Activities

The SEC looked favorably on designated crypto mining activities by stating that such activities are not securities. Specifically, the SEC addressed “proof-of-work” activities.  According to the SEC, Proof-of-work (“PoW”) is a...more

Cadwalader, Wickersham & Taft LLP

Regulation in Flux, March 2025 - Key Takeaways From CFTC Acting Chairman Caroline Pham’s FIA Boca 50 Keynote

On March 11, 2025 at the 50th Annual International Futures Industry (“FIA”) Conference, Commodity Futures Trading Commission (“CFTC”) Acting Chairman Caroline Pham delivered a ground-breaking keynote covering administrative...more

Cadwalader, Wickersham & Taft LLP

Regulation in Flux, March 2025 - UK Government Proposes Action Plan on a “New Approach To Ensure Regulators and Regulation Support...

The UK’s Treasury ("HMT") has set out an Action Plan to ensure that regulation promotes growth and investment. Noting that while regulation has many benefits, the UK’s current stance is hindering its international...more

K&L Gates LLP

SEC Extends Compliance Period for the Amended Names Rule

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On 14 March 2025, the Securities Exchange Commission (SEC) extended the compliance dates for the amendments to Rule 35d-1 (Amended Names Rule) under the Investment Company Act of 1940, as amended (1940 Act), by six months....more

McDermott Will & Emery

New SEC Leadership Signals Continued Focus on FDA-Related Disclosures

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Lawyers inside and outside the US Securities and Exchange Commission (SEC) have speculated that the agency’s new leadership will take a “lighter touch” when it comes to enforcement. The ultimate approach of the new SEC...more

K2 Integrity

FINCast Ep. 40 – 21st Century Financial Warfare: Technology, Economy, & National Security

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With global economic alliances shifting and new threats emerging, will the U.S. maintain its dominance in an increasingly complex world? From cryptocurrency to chips to cyberterrorist threats, the battle for global...more

Dechert LLP

SEC Offers More Flexibility in Private Fundraising

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For a decade, SEC rules have permitted general solicitation in private offerings. However, this flexibility has been underutilized as a result of restrictive SEC guidance on verifying accredited investor status. New SEC...more

Cooley LLP

SEC Staff Takes Steps to Allow Funds to More Comfortably Fundraise Under Rule 506(c)

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On March 12, 2025, staff from the Securities and Exchange Commission (SEC staff) issued new guidance regarding Rule 506(c) of Regulation D under the Securities Act of 1933 (Securities Act). We expect that such guidance will...more

Paul Hastings LLP

Latest Executive and Legislative Actions Continue Crypto-Friendly Movement

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The past two weeks have been a whirlwind of activity for the financial and crypto sectors, with developments on Capitol Hill and from key regulatory agencies. President Donald Trump’s nomination of Michelle Bowman as the...more

Morgan Lewis

New SEC Guidance Eases Burden in Rule 506(c) Accredited Investor Verification Requirements

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SEC staff issued no-action guidance on Rule 506(c) of Regulation D private securities offerings on March 12, 2025, which should provide issuers with an easier path to rely on Rule 506(c) and solicit and advertise their...more

Akin Gump Strauss Hauer & Feld LLP

SEC Staff Says it’s OK to Just Be Gross

On March 19, 2025, the staff of the U.S. Securities and Exchange Commission’s Division of Investment Management (the “Staff”) amended its FAQ page on marketing compliance and reversed its stand on a contentious issue with...more

Latham & Watkins LLP

SEC Staff Issues FAQs That Relax Marketing Rule Restrictions

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The FAQs provide investment advisers greater flexibility to present investment performance solely on a gross basis. On March 19, 2025, the Securities and Exchange Commission (SEC or the Commission) Staff released two new...more

Rivkin Radler LLP

March 2025 Insurance Update

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In this month’s update, we discuss cases involving related wrongful acts, wildfires, concealment of a weapon, concealment of climate risks, and road rage. We begin in Delaware, where the state’s high court determines whether...more

Dorsey & Whitney LLP

Obtaining a Secondary Listing on the Main Market of the London Stock Exchange

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This eUpdate focuses on the eligibility requirements, process and continuing obligations for a company with a primary listing in a jurisdiction outside the UK which is seeking a secondary listing on the Main Market of the...more

King & Spalding

SEC Staff No-Action Letter Eases Rule 506(c) Accredited Investor Verification

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On March 12, 2025, the SEC Division of Corporation Finance published a no-action letter that facilitates compliance with Regulation D Rule 506(c), which permits general solicitation, for offerings with certain minimum...more

Paul Hastings LLP

Daily Financial Regulation Update -- Friday March 21, 2025

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March 20, 2025 - The Office of the Comptroller of the Currency announced that it will no longer examine national banks and federal savings associations for “reputation risk” and is purging references to “reputation risk”...more

Cooley LLP

SEC’s Acting Chair Calls for Changes to SEC’s Rulemaking Processes

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As noted in this excellent blog by Cooley’s Cydney Posner, Acting SEC Chair Mark Uyeda recently delivered this speech that included criticisms and recommendations for improving the SEC’s rulemaking process. Key points from...more

Troutman Pepper Locke

District Judge Orders Return of Mootness Fees in Akorn Shareholder Lawsuits and Hints at Further Sanctions

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In a decision that resonates with many critics of mootness fees, a U.S. district judge for the Northern District of Illinois ordered counsel for Akorn Inc. shareholders to return $332,500 in attorneys’ fees extracted from a...more

Davis Wright Tremaine LLP

Regulatory Reset? U.S. Cyber Incident Reporting Rules Face Congressional Scrutiny

Lawmakers expressed bipartisan support for significantly amending or eliminating some cybersecurity incident notification requirements during a recent hearing of the U.S. House Committee on Homeland Security's Subcommittee on...more

Dorsey & Whitney LLP

Rule 506(c) Update: SEC Issues No-Action Letter Allowing Self-Certification of Accredited Investor Status in Certain Circumstances

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On March 12, 2025, the staff at the Securities and Exchange Commission (SEC) Division of Corporate Finance issued a no-action letter in response to a request for Rule 506(c) interpretative guidance, agreeing that an issuer...more

BCLP

Corporate Hybrid Bonds - At a Glance

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The corporate hybrid bond market has recently drawn the attention of corporate bond issuers, investors and rating agencies. In a falling interest rate environment and generally constructive primary and secondary European debt...more

Goodwin

Who’s Got Next? Preparing for EDGAR Next - a guide for private investment fund managers.

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With March Madness upon us, the Securities and Exchange Commission (SEC) is joining the action by implementing a sweeping set of technical updates known as EDGAR Next that will change how all SEC filers access the Electronic...more

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