News & Analysis as of

Investment Management Trustees

Mayer Brown

The Pensions Brief: June 2024

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Issues affecting all schemes - General Election – impact on pensions - The General Election resulted in a landslide victory for the Labour Party. While no pensions-related announcements have been made since the election by...more

Charles E. Rounds, Jr. - Suffolk University...

Trustee in breach of trust conveys trust property to a third party: Is the transferee a necessary party to an action for breach...

If the trustee in breach of trust conveys the trust property to a third party to the trust relationship, would the transferee be a necessary party to any action for breach of trust that the trust beneficiaries might bring?...more

Conyers

Trustee's Duty and Anti-Bartlett Clauses - The Ivanishvilli Redux

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Just when trustees are feeling safe to go back into the water after the Hong Kong Court of Final Appeal spoke in Zhang Hong Li v. DBS Bank (Hong Kong) Ltd [2019] along comes Ivanishvilli v. Credit Suisse Trust Ltd [2023]...more

Williams Mullen

[Event] 15th Annual Fiduciary Focus - February 23rd, Richmond, VA

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Join us for our 15th Annual Fiduciary Focus! Breakfast and lunch will be provided. Topics Include: - Recent Developments in Wealth Planning - Using Trustee Investment Statements - Strategies to Avoid Fiduciary...more

Seward & Kissel LLP

Action Steps for Managers of Private Investment Funds Subject to ERISA Prior to December 1, 2023 to Address the DOL’s Rule...

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If you manage a private investment fund that is subject to Title I of ERISA and is not a feeder fund (an “ERISA Fund”), you should, before December 1, 2023, take the steps described below in order to comply with the DOL’s...more

Skadden, Arps, Slate, Meagher & Flom LLP

IRS Rolls Out Long-Planned Strategy Targeting Large Partnerships and High-Wealth Individual Taxpayers

On September 8, 2023, Internal Revenue Service (IRS) Commissioner Danny Werfel announced the rollout of a coordinated enforcement strategy that will involve audits of returns filed by 75 of the largest partnerships operating...more

Woodruff Sawyer

Betwixt and Between: How Trustees Can Navigate a Volatile Market

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So far, 2022 has been a rough year for portfolio management. The war in Ukraine, China’s zero tolerance for COVID-19, 40-year inflation highs, and rising interest rates have created significant market volatility....more

Quarles & Brady LLP

The New Florida Directed Trust Act

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Florida recently enacted its version of the Uniform Directed Trust Act, which authorizes someone other than the Trustee (referred to as a Trust Director) to direct the Trustee to act or not to act. Florida is 1 of 15 states...more

Downey Brand LLP

What California Trust and Estate Litigation Will Arise from the Economic Downturn?

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The COVID-19 pandemic has idled workers and the coming weeks will bring more news of business closures and bankruptcies. After a decade of sustained growth, we are facing a recession of uncertain depth and duration. The New...more

Downey Brand LLP

Helping Families and Solving Problems – A Conversation with Trust Officer Alysia Corell from Exchange Bank

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Bank trust departments, also referred to as corporate trustees, provide professional management to the administration of California trusts. People may choose to name a bank to act as successor trustee when they can no longer...more

Nossaman LLP

[Webinar] Legal Consequences of Shelter-in-Place Orders and Beyond for Public Pensions Systems - May 7th, 10:00 am - 11:00 am PT

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Please join our Public Pensions & Investments Group for our webinar, "Legal Consequences of Shelter-in-Place Orders and Beyond for Public Pensions Systems," on May 7, 2020. As COVID-19 continues to transform the private...more

Rivkin Radler LLP

Trustees, Under Pressure from Beneficiaries Affected by COVID-19, Face Legal Risks

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For many Trustees, the current economic environment is probably the most challenging they have ever faced. As the coronavirus epidemic sweeps across the country and throughout much of the world, the stock markets have...more

Holland & Hart LLP

A Prudent Investor Reminder

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Over the last several weeks, financial markets have seen some of the largest swings in history, and as a result, fiduciaries have seen dramatic shifts in the value of trust investments. Accordingly, fiduciaries should take a...more

McDermott Will & Emery

Illinois Enacts New Trust Code: What Fiduciaries Need to Know

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Effective January 1, 2020, the new Illinois Trust Code (ITC) will replace the Illinois Trusts and Trustees Act, ushering in several changes of note for fiduciaries. In light of the ITC, fiduciaries and estate planners should...more

Chambliss, Bahner & Stophel, P.C.

A Brief Overview of a Trustee's Duties

If you have been appointed the trustee of a trust, it is a strong vote of confidence in your judgment and trustworthiness. It is also a major responsibility. A trust is a legal arrangement through which one person (or an...more

Troutman Pepper

Investment Management Update – Exit Strategies

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Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Funds Services Practice Group, hosts a monthly webinar series for West LegalEdcenter. This month, Mr. Nowak, is joined by Richard Juliano,...more

Troutman Pepper

Investment Management Update – Exit Strategies (PowerPoint Slides)

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Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Funds Services Practice Group, hosts a monthly webinar series for West LegalEdcenter. This month, Mr. Nowak, is joined by Richard Juliano,...more

Butler Snow LLP

Trustees, Are You Suffering From “Accountholder” Confusion?

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Words Matter - So, you’re cruising along in the pre-FATCA/CRS world, providing fiduciary services for your clients, setting up accounts in either the name of the trust, foundation, underlying company or other wealth...more

Perkins Coie

New Three-Year Hold Requirement for Carried Interests

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The 2017 Tax Cuts and Jobs Act (the Act), signed by President Trump last month, significantly affects the ability of the managers of investment funds to receive long-term capital gains with respect to their carried interest....more

Chambliss, Bahner & Stophel, P.C.

Choosing an Investment Adviser for a Special Needs Trust

Trustees of special needs trusts have a duty to properly manage the funds in their care. However, most trustees, especially non-professional ones, are not sophisticated investors and they should not be directly managing the...more

Proskauer - Employee Benefits & Executive...

Challenge to Pension Fund Investment Decision Time Barred

A federal district court in California held that a complaint filed by members of the International Union of Operating Engineers that challenged pension plan trustees’ decision to make certain investments was filed five days...more

Chambliss, Bahner & Stophel, P.C.

The Top Five Responsibilities of a Trustee of a Special Needs Trust

If you are considering taking on the responsibility of serving as the trustee of a special needs trust, you will probably have questions about the trustee's role. Trustees of special needs trusts have many important...more

Proskauer Rose LLP

UK 2015 Summer Finance Bill Update: Proposed Taxation Changes for Carried Interest and DIMF

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Further to our client alert in July this year, the UK Government recently proposed further changes to the UK taxation of carried interest and disguised investment management fees (DIMF). The UK Government proposed...more

Levenfeld Pearlstein, LLC

Frank Aragona Trust: A Taxpayer Win

In a case of first impression, Frank Aragona Trust v. Commissioner, 142 T.C. No. 9 (Mar. 27, 2014), the Tax Court held that a trust could materially participate in a trade or business based upon the activities of the...more

K&L Gates LLP

Superannuation Funds - Enhanced Investment Management Governance

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The Australian Government has been rolling out a series of significant regulatory reforms of the superannuation industry, many of which will commence in 2013. These reforms are fundamentally designed to enhance the prudential...more

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