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Investment Funds Publicly-Traded Companies

A&O Shearman

Search for scale and specialist expertise point to increased dealmaking among asset managers

A&O Shearman on

Fundraising challenges, higher financing costs, market volatility and an ever-tighter regulatory environment are upping the pressure for M&A among asset managers. Those drivers, however, apply differently depending on which...more

Sheppard Mullin Richter & Hampton LLP

An Evolving High-Wire Act: Navigating Conflicting Laws, Regulations, and Guidance in the ESG Space

The idea that investors might choose to consider certain environmental, social, and governance factors when deciding whether to buy shares of a company—a concept commonly known as ESG—continues to gain popularity with...more

Goodwin

FINRA Asks How to Improve Capital Formation Rules; Public Companies and Fund Managers May Have Ideas

Goodwin on

In Regulatory Notice 23-09, FINRA provides an update on actions it currently has under way to promote capital formation and the capital-raising process. FINRA also requests comment regarding whether there are other changes to...more

Akin Gump Strauss Hauer & Feld LLP

IRS Takes View That FIRPTA Exemption for Publicly Traded Stock Must Be Tested at Partnership Level

Key Points Internal IRS correspondence in the form of a recent Chief Counsel Memorandum concludes that funds structured as partnerships (e.g., master funds in a standard master-feeder structure) must determine the...more

McDermott Will & Emery

International News: Spotlight on ESG, Impact & Sustainability

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ESG is understood to be an acronym for “environmental, social and governance,” but the term can be challenging because it’s used to describe similar but distinct communities of practice, including corporate social...more

Venable LLP

Disclosure Implications of the SEC’s Stock Repurchase Amendments

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On May 3, 2023, the Securities and Exchange Commission (the “SEC”), in a 3-to-2 vote, adopted1 amendments significantly increasing disclosure requirements for public companies and certain investment companies with respect to...more

Dorsey & Whitney LLP

Raising U.S. Funds Under Canada’s New “Listed Issuer Financing Exemption”

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​​​​​​​As many of our readers will have heard, the Canadian Securities Administrators (“CSA”) has announced the adoption of a new prospectus exemption for certain reporting issuers listed on a Canadian stock exchange (the...more

Seward & Kissel LLP

SEC Proposes Amendments to Fund “Names Rule” and Proposes Amendments Concerning Fund ESG Investment Practices

Seward & Kissel LLP on

On May 25, 2022, the SEC proposed amendments to Rule 35d-1, the fund “Names Rule,” (Names Rule Amendments) and, separately, proposed amendments to several rules and forms that would require additional disclosure for funds and...more

Dorsey & Whitney LLP

The SEC and ESG

Dorsey & Whitney LLP on

Climate and ESG have become key topics of conversation at the SEC. The Commission’s publication of proposed rules for public companies which would require that certain climate related information be disclosed by issuers...more

Cadwalader, Wickersham & Taft LLP

SEC Proposes New ESG Rules for Funds, Clearly Signaling Its Intent to Scrutinize ESG Claims

The Securities and Exchange Commission (the “SEC”) yesterday proposed amendments to rules and forms relating to ESG disclosures for investment advisors and investment companies. Specifically, the proposed changes seek to...more

Allen Matkins

Bill Would Require Passively-Managed Funds To Vote Proxies As Instructed By Investors

Allen Matkins on

Last week, U.S Senator Dan Sullivan introduced a bill to require passively managed funds to vote proxies as instructed by their investors.  I have not seen a copy of the bill yet, but according to the Senator's press release,...more

White & Case LLP

Latin American IPOs surged on the back of tech listings

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IPOs of Latin America-based companies enjoyed a robust year in 2021, especially when it came to listings in Brazil in sectors like fintech - In line with global trends, Latin American issuers recorded surging IPO volumes...more

Fenwick & West LLP

Biotech’s ESG Crossroads - Executives and Investors Deploy Varying Approaches Amid Calls for Reporting and Standardization

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In the last few years, environmental, social and governance (ESG) topics have become common in boardrooms, as investment funds with an ESG focus have raised billions and ESG’s non-financial metrics are increasingly factored...more

Proskauer Rose LLP

The Expanding Green Horizon: EU and UK ESG Regulatory Considerations and Developments for 2022

Proskauer Rose LLP on

The fund and asset management industry has been more focused on environmental, social and governance (“ESG”) issues in the last two years than it has been in, perhaps, the last decade....more

WilmerHale

SEC Proposes Rules to Modernize Share Repurchase Disclosures

WilmerHale on

On December 15, the same day it proposed amendments to Rule 10b5-1 under the Securities Exchange Act of 1934 (Exchange Act) that may blunt the use of the affirmative defense for insider trading, the Securities and Exchange...more

Opportune LLP

What Does The Future Hold For ESG Reporting?

Opportune LLP on

As more ESG-linked funds flood the financial markets, increased scrutiny around ESG reporting will be necessary to enhance transparency....more

Akin Gump Strauss Hauer & Feld LLP

Chair Gensler Makes Renewed Case for Mandatory Climate Risk Rules

In a speech last week before the Principles for Responsible Investment’s “Climate and Global Financial Markets” Webinar, the Securities and Exchange Commission’s (SEC) Chair Gary Gensler made another case for mandatory...more

Eversheds Sutherland (US) LLP

Taking stock - Environmental, social and governance (ESG) considerations

ESG will be front and center in the SEC’s 2021 agenda. Our ESG Matrix can help establish a baseline for compliance by SEC-regulated funds, investment advisers, private funds and insurance companies. The Matrix covers...more

Cadwalader, Wickersham & Taft LLP

PitchBook on ESG Developments in the Private Markets

“ESG is really about risks,” PitchBook analysts write in PitchBook Analyst Note: ESG and the Private Markets published in April. More specifically, the authors explain that ESG factors measure and address risks that have not...more

Cadwalader, Wickersham & Taft LLP

Top 10 Items to Consider When Structuring Your ESG Facility

ESG-focused investment funds raised a record amount last year – estimated at more than $50 billion in new investor money. This trend is expected to not only continue but accelerate over the next few years. ...more

Dechert LLP

Expectations Under the Biden Administration: The ESG and Diversity/Inclusion Outlook for Reporting Companies and Asset Managers

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Reporting companies and asset managers in the United States and abroad are evaluating the potential impacts of the incoming Biden administration. President-elect Joseph Biden has signaled an intention to pursue a broad...more

Perkins Coie

Employee Benefit Plan Developments—2020 Year in Review

Perkins Coie on

Employee benefits professionals have faced many challenges in 2020. We have seen remarkable changes to state and local requirements, an onslaught of new benefits legislation and governmental policies, shifting reporting and...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 106: The Corporate Investor Movement Toward Environmental, Social, and Governmental Policies with Allison...

Company investors and consequently, corporate boards, are acknowledging the importance of implementing good environmental, social, and governmental (“ESG”) policies to help mitigate risk, attract quality leadership, and...more

Seyfarth Shaw LLP

ESG Disclosures: Lessons Learned and Best Practices [Part 3 of 4]

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In our previous alert, we described the sustainability reporting ecosystem shaping the disclosure parameters and approaches to voluntary disclosure given the lack of regulatory mandates on disclosure. ...more

Morgan Lewis

The Regulatory Overlay On ESG Investing

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This White Paper highlights the legal and regulatory considerations in the United States, the United Kingdom, the European Union, Hong Kong, and Singapore that asset managers and their institutional investor clients should...more

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