News & Analysis as of

Investors Trustees

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

A&O Shearman

DC trustee agenda update - April 2024

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Welcome to our monthly update on current legal issues for trustees of DC pension schemes, designed to help you stay up to date with key developments between trustee meetings, and to support the legal update item on your next...more

Adler Pollock & Sheehan P.C.

Do Your Assets Include Unregistered Securities? This Asset Class Requires Special Planning

When it comes to estate planning, addressing all your assets should be a priority. However, certain assets require greater attention than others. For example, if your assets include unregistered securities, such as restricted...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

DarrowEverett LLP

1031 Exchanges and the Complexities of Seller Financing

DarrowEverett LLP on

With interest rates nearly the highest they’ve been in decades, but property prices still high, sellers and buyers are looking for ways to finance real estate transactions while also availing themselves of IRC § 1031’s...more

Conyers

Family Wealth Management with Bermuda Trusts

Conyers on

Bermuda is a popular and highly regarded jurisdiction for managing the offshore family assets of wealthy, international families due to several favourable characteristics. As a high-quality international financial centre,...more

Woodruff Sawyer

Market Volatility Puts Trustees in the Hot Seat

Woodruff Sawyer on

The news headlines have been exciting over the past year, covering the fluctuating stock market, the turbulence of certain currencies and cryptocurrency trading platforms, and the tug-of-war between Democrats and Republicans...more

Troutman Pepper

FINRA Report Highlights New Topics and Emerging Risks for 2022

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On February 9, FINRA published its 2022 Report on FINRA’s Examination and Risk Management Program (2022 Report), an authoritative resource for member firms to evaluate and, where necessary, enhance their compliance programs...more

Bowditch & Dewey

Impact of House Ways and Means Tax Proposals for Trusts, Estates, and Retirement Accounts

Bowditch & Dewey on

In this second blog post on the House Ways and Means Tax proposals, we address the proposed changes that will affect the taxation of trusts, estates, and retirement plans. As we discussed, on September 13, 2021, the...more

McDermott Will & Emery

[Webinar] Private Client Virtual Forum | CryptoTrustees – Estate Planning & Cryptocurrency - June 17th, 10:00 am - 11:00 am PDT

Join us as we discuss the issues facing trustees and individuals holding cryptocurrency or seeking to invest in cryptocurrency. We will explore the evolving regulatory environment as well as evolving estate planning...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

Nossaman LLP on

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

Morris James LLP

The Benefits of Equipment Finance Trust Structures

Morris James LLP on

What is an equipment finance trust? An equipment finance trust or equipment trust is a structure where a company establishes a trust—generally a Delaware statutory or common-law trust—for the purpose of owning or leasing...more

Fox Rothschild LLP

Second Circuit Finds Madoff Trustee Can Seek To Clawback Billions In Funds Transferred Abroad

Fox Rothschild LLP on

Earlier this week, the U.S. Court of Appeals for the Second Circuit revived 88 fraudulent transfer cases that were consolidated on appeal. In those actions, the trustee for the Liquidation of Bernard L. Madoff Investment...more

Troutman Pepper

Investment Management Update – Exit Strategies

Troutman Pepper on

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)

Troutman Pepper on

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

Hogan Lovells

When the shoe does not fit: direct action clauses – can investors step into the Trustee’s shoes to enforce?

Hogan Lovells on

A recent High Court case (Fairhold Securitisation Limited v Clifden IOM No 1 Ltd) has affirmed that in debt issuances involving a trustee, noteholders have only limited rights to take direct enforcement action.  ...more

A&O Shearman

Protecting DB pension schemes: what’s ahead for trustees and sponsors?

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The government’s plans to protect defined benefit schemes include: governance changes for trustees; new intervention and penalty powers for the Regulator; and a duty for corporates to make a statement, in advance of sales or...more

Akin Gump Strauss Hauer & Feld LLP

In Principle: 10 Things Authorised Firms Need to Know for 2018 – The World of Financial Regulation as the UK Prepares to Exit the...

There is much for authorised firms to consider in the year ahead. Firms have been through the intensive period of the enactment of the second Markets in Financial Instruments Directive (MiFID II), but must now step up their...more

Dechert LLP

The German Transparency Register is coming: New obligations for legal entities in Germany to disclose beneficial ownership...

Dechert LLP on

Highlights - - Implementation of a public Transparency Register on beneficial ownership of legal entities. - Notification obligation applies to incorporated companies and certain other legal entities and arrangements;...more

Goodwin

HMRC publishes responses to the consultation on Partnership taxation

Goodwin on

The result of the HM Revenue & Custom's consultation on UK partnership taxation was released on 20 March, this is important for both fund partnerships and fund managers structured as LLPs which file UK tax returns. Although...more

Carlton Fields

Navigating Derivative Lawsuits Against Mutual Funds After Northstar

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The Ninth Circuit Court of Appeals this spring held that mutual fund shareholders could maintain direct claims against the fund’s trustees for breach of their common law fiduciary duties. Before Northstar v. Schwab, such...more

Dechert LLP

Financial Services Quarterly Report - Third Quarter 2013: Recent Developments in the Hong Kong Funds Industry

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The Hong Kong Government has been keen to demonstrate its willingness to evolve and focus its efforts on the overall growth of the Hong Kong financial services industry. Recent proposals to make fund-friendly changes to Hong...more

K&L Gates LLP

Curating an Investment Menu – Investment Governance Challenges for Super Trustees

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Investment governance expectations on superannuation trustees have risen markedly since the introduction of the StongerSuper reforms....more

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