News & Analysis as of

Due Diligence Outsourcing

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Proposes Rule on Outsourcing by Investment Advisers

On October 26, 2022, the U.S. Securities and Exchange Commission (SEC) proposed a new Rule 206(4)-11 and amendments to Rule 204-2 under the U.S. Investment Advisers Act of 1940 (Advisers Act), as well as amendments to Form...more

Holland & Hart LLP

New Proposed Rules for Investment Adviser Outsourcing

Holland & Hart LLP on

On October 26, 2022, the US Securities and Exchange Commission (the "SEC") proposed a new rule (206(4)-11) and amendments under the Investment Advisers Act of 1940 that prohibit registered investment advisers from outsourcing...more

Eversheds Sutherland (US) LLP

SEC proposes service provider oversight requirements for investment advisers

On October 26, 2022, the Securities and Exchange Commission (SEC) proposed new Rule 206(4)-11 under the Investment Advisers Act of 1940 (Advisers Act), which would prohibit SEC-registered investment advisers from outsourcing...more

ArentFox Schiff

SEC Proposes New Oversight Requirements for Certain Services Outsourced by Investment Advisors

ArentFox Schiff on

On October 26, 2022, the US Securities and Exchange Commission (SEC) proposed a new rule and rule amendments under the Investment Advisors Act that, if passed, would prohibit registered investment advisors from outsourcing...more

Walkers

Central Bank of Ireland - Anti-Money Laundering Bulletin for the Funds Sector

Walkers on

Having recently conducted a number of anti-money laundering, counter financing of terrorism and financial sanctions (“AML/CFT/FS”) supervisory engagements with Funds and Fund Management Companies (“Firms”), the Central Bank...more

Benesch

InterConnect Newsletter - Winter 2021/2022

Benesch on

Private Carriage Stand-Up: Where to Begin When In-Sourcing Transportation - An emerging trend in this era of supply chain disruption is the interest of large enterprise shippers, often in the consumer retail space, to...more

BCLP

Supervision of Vendors When Outsourcing - The Buck Stops with FINRA Member Firms

BCLP on

Key Takeaways: ..On August 13, 2021, FINRA issued Regulatory Notice 21-29 (“RN 21-29”) to remind member firms that they must establish and maintain an adequate supervisory system, including written supervisory procedures...more

Snell & Wilmer

Outsourcing of Personnel in Mexico: Scrapped. General Considerations

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In our prior publication, we discussed an omnibus bill presented by Mexico’s President to Congress in November 2020. The bill proposed abolishing outsourcing of personnel in Mexico. Since then, the bill has now been...more

Kidon IP

Outsourced Manufacturing and Trade Secrets: Due Diligence (Part 5)

Kidon IP on

Perhaps the single most important part of outsourced manufacturing is to select a trustworthy partner. A company should not enter into any transaction unless it has a good basis to believe that the manufacturer will be an...more

Morgan Lewis

Contract Corner: Disposition of Legacy Third-Party Contracts in Outsourcing Deals

Morgan Lewis on

As a follow-up to our recent post on third-party contract due diligence in outsourcing deals, this post focuses on how customers in outsourcing deals handle the disposition of legacy third-party contracts—one of the thorniest...more

Morgan Lewis

Contract Corner: Third-Party Contract Due Diligence in Outsourcing Agreements

Morgan Lewis on

The due diligence review of existing third-party contracts is a critical component of any outsourcing deal. For the company that is outsourcing part of its business functions to a third party, reviewing existing third-party...more

Morgan Lewis

Contract Corner: Outsourcing and the Importance of Due Diligence

Morgan Lewis on

Outsourcing agreements are typically long-term arrangements and the functions outsourced, whether IT or business processes, often key to the continued operation of the customer’s business. It is therefore important that both...more

Epiq

Alternative Legal Service Providers and the Law Firm: Friend or Foe

Epiq on

In 2017, Thomson Reuters, Georgetown Law Center for the Study of the Legal Profession, and the University of Oxford Said Business School partnered in a study on Alternative Legal Services Providers (ALSPs). They reported that...more

Holland & Knight LLP

Fortalecimiento en las Inspecciones Laborales con la Nueva Administración

Holland & Knight LLP on

Como parte de su proyecto de gobierno, el virtual Presidente Electo Andrés Manuel López Obrador ha planteado la necesidad de fortalecer las inspecciones laborales para verificar el cumplimiento de las obligaciones patronales....more

Holland & Knight LLP

New Mexico Administration Plans to Strengthen Labor and Employment Audits

Holland & Knight LLP on

As part of his government plan, new Mexico President-Elect Andrés Manuel López Obrador is going to strengthen the audits for employers to verify their compliance with employment laws. The new administration specifically will...more

Benesch

Mitigating Supply Chain Risk: Effective Transportation and Logistics Provider Diligence and Management Practices

Benesch on

Every day, supply chain managers and logistics coordinators navigate a world of risk. Those risks include interruption due to delay, the damage, contamination, or loss of goods, customer service failures, and even regulatory...more

Nutter McClennen & Fish LLP

Food and Beverage Companies: Get the Dish on Commercial Agreements: Insights from Nutter’s Jeremy Halpern

Jeremy Halpern, a partner in Nutter’s Food and Beverage Group and the Director of Business Development for the firm’s Emerging Companies Group, discussed commercial agreements in the food and beverage industry in Nutter...more

Goodwin

FRB Issues Guidance on Managing Third Party Service Providers Risks

Goodwin on

The FRB issued guidance on managing outsourcing risks, intended to highlight the potential risks arising from the use of service providers, describe the components of an appropriate service provider risk management program,...more

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