Author Info for Proskauer - The Capital Commitment

Kevin Abikoff

Top Ten Regulatory and Litigation Risks for Private Funds in 2025

Confession: writing this in May 2025, we cannot predict with confidence what the rest of 2025 will bring. The year has already seen four months of change and upheaval – political, regulatory, and economic. The new US…more

Compliance, Department of Justice (DOJ), Enforcement, Environmental Social & Governance (ESG), Foreign Corrupt Practices Act (FCPA)

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Julia Alonzo

How Governmental Carrots and Sticks Impact Private Investment in Defense Tech and the Security Ecosystem

In response to rising geopolitical tensions – from the Middle East to the Taiwan Strait to the ongoing conflict in Ukraine –the Biden Administration is increasingly using economic incentives and sanctions to assist the United…more

Asset Management, Department of Defense (DOD), Economic Sanctions, Foreign Policy, Investment

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Isaiah Anderson

How Governmental Carrots and Sticks Impact Private Investment in Defense Tech and the Security Ecosystem

In response to rising geopolitical tensions – from the Middle East to the Taiwan Strait to the ongoing conflict in Ukraine –the Biden Administration is increasingly using economic incentives and sanctions to assist the United…more

Asset Management, Department of Defense (DOD), Economic Sanctions, Foreign Policy, Investment

See all updates »

James Anderson

How Governmental Carrots and Sticks Impact Private Investment in Defense Tech and the Security Ecosystem

In response to rising geopolitical tensions – from the Middle East to the Taiwan Strait to the ongoing conflict in Ukraine –the Biden Administration is increasingly using economic incentives and sanctions to assist the United…more

Asset Management, Department of Defense (DOD), Economic Sanctions, Foreign Policy, Investment

See all updates »

Julia Ansanelli

Key Steps for Fund Managers to Avoid Scrutiny Under the SEC’s Pay-to-Play Rule

The SEC’s recent settlement involving a “pay-to-play” rule violation by a private equity firm is a timely reminder for fund managers, especially with the November elections approaching. As a refresher, Rule 206(4)-5 of the…more

Compliance, Employee Training, Enforcement, Exempt Reporting Advisers (ERAs), Fund Managers

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Monica Arora

SEC Proposes Advisers Act Reforms Focusing on Private Fund Investor Protections

On February 9, 2022, the U.S. Securities and Exchange Commission (the "SEC") proposed new rules and amendments to existing rules (the "Proposed Rules") under the U.S. Investment Advisers Act of 1940, as amended (the "Advisers…more

Investment Adviser, Investment Advisers Act of 1940, Investment Management, Private Funds, Proposed Rules

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Steven Baker

Portfolio Company Risk: Plaintiffs Set Sights on Sponsors and Board Directors

As our other Top Ten posts have demonstrated, there is no shortage of risks for private fund sponsors to navigate in today’s economic and regulatory environment. Nevertheless, they need to prioritize the risk that hits closest…more

Asset Management, Breach of Duty, Business Litigation, Commercial Litigation, Fiduciary Duty

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Howard Beber

SEC Proposes Advisers Act Reforms Focusing on Private Fund Investor Protections

On February 9, 2022, the U.S. Securities and Exchange Commission (the "SEC") proposed new rules and amendments to existing rules (the "Proposed Rules") under the U.S. Investment Advisers Act of 1940, as amended (the "Advisers…more

Investment Adviser, Investment Advisers Act of 1940, Investment Management, Private Funds, Proposed Rules

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Charles Bishop

Complying with the New SEC Marketing Rule: Seven Months in and Still Adapting

On November 4, 2022, compliance with amended Rule 206(4)-1 (the “Marketing Rule”) became mandatory for all investment advisers registered with the Securities and Exchange Commission (the “SEC”). Seven months since the compliance…more

Advertising, Advertising Substantiation, Compliance, Fees, Investment Adviser

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Massimo Capizzi

Complying with the New SEC Marketing Rule: Seven Months in and Still Adapting

On November 4, 2022, compliance with amended Rule 206(4)-1 (the “Marketing Rule”) became mandatory for all investment advisers registered with the Securities and Exchange Commission (the “SEC”). Seven months since the compliance…more

Advertising, Advertising Substantiation, Compliance, Fees, Investment Adviser

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Margaret Dale

ESG in 2025: Finding the Sweet Spot in a Complex World

With ESG regulation now well embedded across all major jurisdictions, the trend we see for 2025 is about increasingly sophisticated triangulation by private fund managers between the regimes that apply by default (such as…more

Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG), European Securities and Markets Authority (ESMA), Fund Managers

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William Dalsen

ESG in 2025: Finding the Sweet Spot in a Complex World

With ESG regulation now well embedded across all major jurisdictions, the trend we see for 2025 is about increasingly sophisticated triangulation by private fund managers between the regimes that apply by default (such as…more

Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG), European Securities and Markets Authority (ESMA), Fund Managers

See all updates »

Adam Deming

ESG in 2025: Finding the Sweet Spot in a Complex World

With ESG regulation now well embedded across all major jurisdictions, the trend we see for 2025 is about increasingly sophisticated triangulation by private fund managers between the regimes that apply by default (such as…more

Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG), European Securities and Markets Authority (ESMA), Fund Managers

See all updates »

Michael Ellis

Poison Pills In the Wake of COVID-19: A Refresher on Terms and Variations of Shareholder Rights Plans

Shareholder rights plans, commonly known as “poison pills,” are arrangements that can be used by companies to stave off hostile takeovers or activist investors seeking to exert control over a company without paying a control…more

Beneficial Owner, Board of Directors, Coronavirus/COVID-19, Hostile Takeover, Institutional Investors

See all updates »

John Failla

Top Ten Regulatory and Litigation Risks for Private Funds in 2025

Confession: writing this in May 2025, we cannot predict with confidence what the rest of 2025 will bring. The year has already seen four months of change and upheaval – political, regulatory, and economic. The new US…more

Compliance, Department of Justice (DOJ), Enforcement, Environmental Social & Governance (ESG), Foreign Corrupt Practices Act (FCPA)

See all updates »

Adam Farbiarz

ESG in 2025: Finding the Sweet Spot in a Complex World

With ESG regulation now well embedded across all major jurisdictions, the trend we see for 2025 is about increasingly sophisticated triangulation by private fund managers between the regimes that apply by default (such as…more

Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG), European Securities and Markets Authority (ESMA), Fund Managers

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Nolan Goldberg

SEC Revisits Regulation S-P After Twenty Years of Innovation to Information Technology

On March 15, 2023, the U.S. Securities and Exchange Commission (“SEC”) released its proposal to amend Regulation S-P: Privacy of Consumer Financial Information and Safeguarding Customer Information (the “Proposed Amendments”),…more

Cryptoassets, Cybersecurity, Data Breach, Enforcement, Federal Trade Commission (FTC)

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Amy Gordon

Economic Sanctions and Asset Seizures: An Important Focus for the Biden Administration

Sanctions continue to be a dynamic area of regulation and enforcement. In its first year, the Biden Administration has already undertaken a number of different sanctions initiatives. The three examples below highlight the range…more

Anti-Corruption, Asset Management, Asset Seizure, Biden Administration, Economic Sanctions

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Brooke Gottlieb

Harris's Running Mate Announcement: Pay-to-Play Rule Implications for Investment Advisers

As reported today, Vice President Harris has announced Tim Walz, the sitting governor of Minnesota, as her running mate. This announcement is particularly significant for investment advisers due to the Advisers Act Political…more

Compensation, Investment Adviser, Kamala Harris, Pay-To-Play, Political Contributions

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Michael Guggenheim

Words Matter: Three Key Steps to Mitigate SEC Enforcement Risks Relating to Whistleblower Carveout Language

Since 2015, the SEC has brought nearly two dozen enforcement actions for violations of the whistleblower protection rules under Rule 21F-17(a) against employers for actions taken to impede reporting to the SEC. The bulk of these…more

Carve Out Provisions, Compliance, Confidentiality Agreements, Enforcement Actions, Financial Industry Regulatory Authority (FINRA)

See all updates »

Michael Hackett

ESG in 2025: Finding the Sweet Spot in a Complex World

With ESG regulation now well embedded across all major jurisdictions, the trend we see for 2025 is about increasingly sophisticated triangulation by private fund managers between the regimes that apply by default (such as…more

Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG), European Securities and Markets Authority (ESMA), Fund Managers

See all updates »

Stephen Hibbard

How Governmental Carrots and Sticks Impact Private Investment in Defense Tech and the Security Ecosystem

In response to rising geopolitical tensions – from the Middle East to the Taiwan Strait to the ongoing conflict in Ukraine –the Biden Administration is increasingly using economic incentives and sanctions to assist the United…more

Asset Management, Department of Defense (DOD), Economic Sanctions, Foreign Policy, Investment

See all updates »

David Jones

SEC Proposes Advisers Act Reforms Focusing on Private Fund Investor Protections

On February 9, 2022, the U.S. Securities and Exchange Commission (the "SEC") proposed new rules and amendments to existing rules (the "Proposed Rules") under the U.S. Investment Advisers Act of 1940, as amended (the "Advisers…more

Investment Adviser, Investment Advisers Act of 1940, Investment Management, Private Funds, Proposed Rules

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Erica Jones

Three Key Considerations for Fund Sponsors when Participating in Bankruptcy Proceedings

We anticipate a more assertive regulatory enforcement program under the Biden administration, particularly focused on fund managers’ conflicts of interest, advisers’ codes of ethics, and related policies and procedures relating…more

Biden Administration, Breach of Duty, Compliance, Conflicts of Interest, Department of Justice (DOJ)

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William Komaroff

ESG in 2025: Finding the Sweet Spot in a Complex World

With ESG regulation now well embedded across all major jurisdictions, the trend we see for 2025 is about increasingly sophisticated triangulation by private fund managers between the regimes that apply by default (such as…more

Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG), European Securities and Markets Authority (ESMA), Fund Managers

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Christina Hyun Jin Kroll

Top Ten Regulatory and Litigation Risks for Private Funds in 2020

The private fund industry is more in the public eye than ever before. Private capital and private markets have experienced massive growth over the last two decades, substantially outpacing the growth of public equity. We have…more

Anti-Money Laundering, Capital Markets, CFTC, Cryptocurrency, Global Economy

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Nathan Lander

Top Ten Regulatory and Litigation Risks for Private Funds in 2025

Confession: writing this in May 2025, we cannot predict with confidence what the rest of 2025 will bring. The year has already seen four months of change and upheaval – political, regulatory, and economic. The new US…more

Compliance, Department of Justice (DOJ), Enforcement, Environmental Social & Governance (ESG), Foreign Corrupt Practices Act (FCPA)

See all updates »

Rachel Lowe

ESG in 2025: Finding the Sweet Spot in a Complex World

With ESG regulation now well embedded across all major jurisdictions, the trend we see for 2025 is about increasingly sophisticated triangulation by private fund managers between the regimes that apply by default (such as…more

Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG), European Securities and Markets Authority (ESMA), Fund Managers

See all updates »

Kelly McMullon

Cybersecurity Continues to be a Focal Point for Regulators in 2024

The SEC’s new and proposed rules on cybersecurity and cyber-incident reporting will have a dual impact on private investment advisers and funds. First, the proposal by the SEC will impose cybersecurity related obligations…more

Cyber Incident Reporting, Cybersecurity, Data Collection, Enforcement, Governance Standards

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Stephen Mears

SEC Proposes Advisers Act Reforms Focusing on Private Fund Investor Protections

On February 9, 2022, the U.S. Securities and Exchange Commission (the "SEC") proposed new rules and amendments to existing rules (the "Proposed Rules") under the U.S. Investment Advisers Act of 1940, as amended (the "Advisers…more

Investment Adviser, Investment Advisers Act of 1940, Investment Management, Private Funds, Proposed Rules

See all updates »

Timothy Mungovan

How Governmental Carrots and Sticks Impact Private Investment in Defense Tech and the Security Ecosystem

In response to rising geopolitical tensions – from the Middle East to the Taiwan Strait to the ongoing conflict in Ukraine –the Biden Administration is increasingly using economic incentives and sanctions to assist the United…more

Asset Management, Department of Defense (DOD), Economic Sanctions, Foreign Policy, Investment

See all updates »

Dorothy Murray

ESG in 2025: Finding the Sweet Spot in a Complex World

With ESG regulation now well embedded across all major jurisdictions, the trend we see for 2025 is about increasingly sophisticated triangulation by private fund managers between the regimes that apply by default (such as…more

Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG), European Securities and Markets Authority (ESMA), Fund Managers

See all updates »

Jeffrey Neuburger

WSJ Article on Geolocation Data Highlights Risks for Fund Managers

On Friday, the WSJ published an article detailing how companies are monetizing smartphone location data by selling it to hedge fund clients. The data vendor featured in the WSJ article obtains geolocation data from about 1,000…more

Anti-Fraud Provisions, Breach of Contract, Computer Fraud and Abuse Act (CFAA), Cybersecurity, Data Collection

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Joshua Newville

ESG in 2025: Finding the Sweet Spot in a Complex World

With ESG regulation now well embedded across all major jurisdictions, the trend we see for 2025 is about increasingly sophisticated triangulation by private fund managers between the regimes that apply by default (such as…more

Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG), European Securities and Markets Authority (ESMA), Fund Managers

See all updates »

Dina Noureldin

Energy Transition: A New Risk Climate for Investors

Go to any private equity event in the last 12 months, and “energy transition” will have been discussed, meaning the shift in energy production away from fossil‑based systems to low or zero carbon ones. As fund managers continue…more

Climate Change, Energy Sector, Enforcement, Environmental Social & Governance (ESG), Investment

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Todd Ohlms

ESG in 2025: Finding the Sweet Spot in a Complex World

With ESG regulation now well embedded across all major jurisdictions, the trend we see for 2025 is about increasingly sophisticated triangulation by private fund managers between the regimes that apply by default (such as…more

Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG), European Securities and Markets Authority (ESMA), Fund Managers

See all updates »

Robin Painter

SEC Proposes Advisers Act Reforms Focusing on Private Fund Investor Protections

On February 9, 2022, the U.S. Securities and Exchange Commission (the "SEC") proposed new rules and amendments to existing rules (the "Proposed Rules") under the U.S. Investment Advisers Act of 1940, as amended (the "Advisers…more

Investment Adviser, Investment Advisers Act of 1940, Investment Management, Private Funds, Proposed Rules

See all updates »

Steven Pearlman

Words Matter: Three Key Steps to Mitigate SEC Enforcement Risks Relating to Whistleblower Carveout Language

Since 2015, the SEC has brought nearly two dozen enforcement actions for violations of the whistleblower protection rules under Rule 21F-17(a) against employers for actions taken to impede reporting to the SEC. The bulk of these…more

Carve Out Provisions, Compliance, Confidentiality Agreements, Enforcement Actions, Financial Industry Regulatory Authority (FINRA)

See all updates »

Robert Pommer

ESG in 2025: Finding the Sweet Spot in a Complex World

With ESG regulation now well embedded across all major jurisdictions, the trend we see for 2025 is about increasingly sophisticated triangulation by private fund managers between the regimes that apply by default (such as…more

Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG), European Securities and Markets Authority (ESMA), Fund Managers

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Lee Popkin

Veil-Piercing Under California Law – Heightened Risks for Fund Managers

We recently posted about the risks associated with veil-piercing claims and the ways in which fund managers can protect themselves from exposure to these claims. Our first post on veil-piercing focused on Delaware standards,…more

Alter Ego, Choice-of-Law, Corporate Veil, Fund Managers, Internal Affairs Doctrine

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Seetha Ramachandran

ESG in 2025: Finding the Sweet Spot in a Complex World

With ESG regulation now well embedded across all major jurisdictions, the trend we see for 2025 is about increasingly sophisticated triangulation by private fund managers between the regimes that apply by default (such as…more

Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG), European Securities and Markets Authority (ESMA), Fund Managers

See all updates »

Louis Rambo

Poison Pills In the Wake of COVID-19: A Refresher on Terms and Variations of Shareholder Rights Plans

Shareholder rights plans, commonly known as “poison pills,” are arrangements that can be used by companies to stave off hostile takeovers or activist investors seeking to exert control over a company without paying a control…more

Beneficial Owner, Board of Directors, Coronavirus/COVID-19, Hostile Takeover, Institutional Investors

See all updates »

Jonathan Richman

California District Court Upholds SEC’s Novel “Shadow Trading” Theory

The SEC prevailed on a motion to dismiss a closely watched lawsuit alleging that a company employee had engaged in insider trading based on news about a not-yet-public corporate acquisition when he purchased securities of a…more

Enforcement Actions, Financial Markets, Insider Trading, Material Nonpublic Information, Misappropriation

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Reut Samuels

How Governmental Carrots and Sticks Impact Private Investment in Defense Tech and the Security Ecosystem

In response to rising geopolitical tensions – from the Middle East to the Taiwan Strait to the ongoing conflict in Ukraine –the Biden Administration is increasingly using economic incentives and sanctions to assist the United…more

Asset Management, Department of Defense (DOD), Economic Sanctions, Foreign Policy, Investment

See all updates »

Nathan Schuur

Top Ten Regulatory and Litigation Risks for Private Funds in 2025

Confession: writing this in May 2025, we cannot predict with confidence what the rest of 2025 will bring. The year has already seen four months of change and upheaval – political, regulatory, and economic. The new US…more

Compliance, Department of Justice (DOJ), Enforcement, Environmental Social & Governance (ESG), Foreign Corrupt Practices Act (FCPA)

See all updates »

Bryan Sillaman

Top Ten Regulatory and Litigation Risks for Private Funds in 2025

Confession: writing this in May 2025, we cannot predict with confidence what the rest of 2025 will bring. The year has already seen four months of change and upheaval – political, regulatory, and economic. The new US…more

Compliance, Department of Justice (DOJ), Enforcement, Environmental Social & Governance (ESG), Foreign Corrupt Practices Act (FCPA)

See all updates »

Michael Singh

Complying with the New SEC Marketing Rule: Seven Months in and Still Adapting

On November 4, 2022, compliance with amended Rule 206(4)-1 (the “Marketing Rule”) became mandatory for all investment advisers registered with the Securities and Exchange Commission (the “SEC”). Seven months since the compliance…more

Advertising, Advertising Substantiation, Compliance, Fees, Investment Adviser

See all updates »

Laura Stafford

Voluntary Remediation and the SEC: Six Key Elements and Three Potential Pitfalls

A recent settled SEC order, In re Arlington Capital Management, Inc. and Joseph F. LoPresti, highlights the potential benefits of voluntarily taking steps to remediate conduct or practices that could run afoul of the SEC’s rules…more

Chief Compliance Officers, Corporate Misconduct, Enforcement Actions, Investigations, Investment Adviser

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Michael Suppappola

SEC Proposes Advisers Act Reforms Focusing on Private Fund Investor Protections

On February 9, 2022, the U.S. Securities and Exchange Commission (the "SEC") proposed new rules and amendments to existing rules (the "Proposed Rules") under the U.S. Investment Advisers Act of 1940, as amended (the "Advisers…more

Investment Adviser, Investment Advisers Act of 1940, Investment Management, Private Funds, Proposed Rules

See all updates »

Robert Sutton

ESG in 2025: Finding the Sweet Spot in a Complex World

With ESG regulation now well embedded across all major jurisdictions, the trend we see for 2025 is about increasingly sophisticated triangulation by private fund managers between the regimes that apply by default (such as…more

Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG), European Securities and Markets Authority (ESMA), Fund Managers

See all updates »

David Tegeler

SEC Proposes Advisers Act Reforms Focusing on Private Fund Investor Protections

On February 9, 2022, the U.S. Securities and Exchange Commission (the "SEC") proposed new rules and amendments to existing rules (the "Proposed Rules") under the U.S. Investment Advisers Act of 1940, as amended (the "Advisers…more

Investment Adviser, Investment Advisers Act of 1940, Investment Management, Private Funds, Proposed Rules

See all updates »

John Verwey

Top Ten Regulatory and Litigation Risks for Private Funds in 2025

Confession: writing this in May 2025, we cannot predict with confidence what the rest of 2025 will bring. The year has already seen four months of change and upheaval – political, regulatory, and economic. The new US…more

Compliance, Department of Justice (DOJ), Enforcement, Environmental Social & Governance (ESG), Foreign Corrupt Practices Act (FCPA)

See all updates »

Hena Vora

ESG in 2025: Finding the Sweet Spot in a Complex World

With ESG regulation now well embedded across all major jurisdictions, the trend we see for 2025 is about increasingly sophisticated triangulation by private fund managers between the regimes that apply by default (such as…more

Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG), European Securities and Markets Authority (ESMA), Fund Managers

See all updates »

Jonathan Weiss

ESG in 2025: Finding the Sweet Spot in a Complex World

With ESG regulation now well embedded across all major jurisdictions, the trend we see for 2025 is about increasingly sophisticated triangulation by private fund managers between the regimes that apply by default (such as…more

Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG), European Securities and Markets Authority (ESMA), Fund Managers

See all updates »

Christopher Wells

SEC Proposes Advisers Act Reforms Focusing on Private Fund Investor Protections

On February 9, 2022, the U.S. Securities and Exchange Commission (the "SEC") proposed new rules and amendments to existing rules (the "Proposed Rules") under the U.S. Investment Advisers Act of 1940, as amended (the "Advisers…more

Investment Adviser, Investment Advisers Act of 1940, Investment Management, Private Funds, Proposed Rules

See all updates »

Proskauer - The Capital Commitment

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