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  • Article

    Annual Information Report On Foreign Financial Accounts Now Includes Investments In Offshore Hedge Funds, Private Equity Funds And Mutual Funds

    Every U.S. person with a financial interest in, or signature or other authority over, any financial account outside the U.S. must file an annual report on Treasury Form TD F 90-22.1 (Report of Foreign Bank and Financial Accounts, commonly known as an “FBAR”) if the aggregate value of all such accounts exceeds 10,000 USD at any time during the calendar year.
    United StatesFinance and Banking
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Bailout 2.0: The Coming Changes

    As the 111th Congress begins its work, one of the first items to receive attention will be the Troubled Assets Relief Program, better known as TARP
    United StatesFinance and Banking
Bracewell LLP
Bracewell LLP
  • Article

    All in the Family: Family Offices

    The Dodd-Frank Act (the "Act") subjects more private fund advisers to registration. The Act removes two existing exemptions from registration under the Investment Advisers Act of 1940 that most private fund investment advisers currently rely on to avoid registration.
    United StatesStrategy
    Morrison Foerster
    Morrison Foerster
  • Article

    Avoiding Boot When Funding Cash Reserves in Exchange Transactions

    It is often assumed that if a taxpayer receives cash in a tax-free exchange, the cash must be boot. It can be quite frustrating when a replacement property-lender requires that reserves be funded at closing, and funding those reserves with cash creates taxable boot. Strategies that fund the reserves without creating taxable boot are discussed below.
    United StatesTax
    Miller Nash LLP
    Miller Nash LLP
  • Article

    NY State Budget Finalized (Carried Interest Tax Not Included)

    On August 3, 2010, the New York State Senate approved an $869 million revenue bill, S.6610C/A 9710D (the "Revenue Bill"), which was the last major bill necessary to complete the legislative work on the state's Fiscal 2010-2011 Budget.
    United StatesTax
    Mayer Brown
    Mayer Brown
  • Article

    Report Confirms Europe's Growing Influence In The Global Tech Ecosystem

    The 2017 "State of European Tech Report," released today, predicts that Europe is set to receive a record $19 billion in tech investments this year.
    European UnionCorporate/Commercial Law
    Orrick
    Orrick
  • Article

    Down From The Shelf: Special Charter Used To Purchase Failed Bank

    Private equity investors long intrigued with the idea of investing in failed depository institutions can now point to a novel success story.
    United StatesFinance and Banking
    Morgan Lewis
    Morgan Lewis
  • Article

    Investment Company Act—Fiduciary Duty of Investment Advisers

    Congress passed the Investment Company Act of 1940, 15 U.S.C. §§ 80a-1 “et seq.”, to protect mutual fund investors.
    United StatesFinance and Banking
    Mayer Brown
    Mayer Brown
  • Article

    PE Investment In Physician Practice Management ‒ What's To Come In 2019?

    Private equity (PE) investors entered the physician practice management (PPM) market in 2011, and eight years later the PPM sector continues to be a ripe middle market for PE investors looking to diversify their portfolios.
    United StatesFinance and Banking
    BakerHostetler
    BakerHostetler
  • Article

    SEC Proposes Amendments Affecting Ratings By Credit Rating Agencies

    In response to the recent sub-prime mortgage crisis and resulting credit crunch, the United States Securities and Exchange Commission (SEC) proposed at an Open Meeting held on June 25, 2008, to eliminate references in certain of its rules and forms to credit ratings by Nationally Recognized Statistical Rating Organizations (NRSROs) to reduce reliance by market participants on NRSRO credit ratings and to encourage investors to make independent judgments.
    United StatesFinance and Banking
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Success And Failure In Bank Auctions: Part One

    The twin pressures of succession planning and increased regulatory burdens have caused many bank owners to consider selling their banks.
    United StatesFinance and Banking
    Fredrikson & Byron, P.A.
    Fredrikson & Byron, P.A.
  • Article

    2007 Outlook For Venture Capital Investing In Medical Device Companies

    2006 has been a very strong year for venture capital investing in the United States. As of the end of the second quarter of the year, the venture capital industry was gaining momentum and ratcheting up investment levels.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Court Rules on Sufficiency of Pleading "Vicarious or Contributory" Copyright Infringement Post-Napster

    On July 14, 2004, Chief Judge Marilyn Hall Patel of the Northern District of California issued a ruling addressing the pleading requirements for claims of contributory and vicarious copyright infringement in a series of related cases arising out of the aftermath of the Napster litigation. In these cases, the plaintiffs (comprised of recording studios and music publishers) sued entities with substantial financial investments in Napster, Inc., alleging that the defendants engaged in contributory a
    United StatesStrategy
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Effects Of The Federal Government Shutdown On Investment Companies And Advisers Registered With The Securities And Exchange Commission

    Without the passage of a fiscal year 2011 appropriations bill or another continuing resolution, the federal government will "shut down"; on April 9, 2011.
    United StatesStrategy
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    Impact Investment SBIC Funds Receive Additional Guidance From SBA

    Small Business Investment Companies (SBIC Funds) interested in applying to the U.S. Small Business Administration's (SBA) Start-Up American Impact Investment SBIC Initiative will be placed on an expedited licensing track and have received additional guidance from the SBA.
    United StatesStrategy
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    SEC Amends The Advisers Act Custody Rule

    The SEC recently adopted amendments to the Investment Advisers Act custody rule that are intended to provide advisory clients with additional protections when a registered investment adviser has access to client assets.
    United StatesStrategy
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Time Is Money: How Millennials Can Take Advantage Of It

    When it comes to investing for retirement, millennials — usually defined as people born between 1981 and 1996 — face some unique challenges.
    United StatesStrategy
    ORBA
    ORBA
  • Article

    New Tax-advantaged Zones Could Spur Development Across Idaho

    Idaho's newly approved Opportunity Zones offer tax incentives to investors who fund development projects in designated communities across the state. The program connects private capital with real estate and business ventures in areas including Boise, Coeur d'Alene, and Post Falls, potentially bringing new housing, jobs, and economic activity to these regions.
    United StatesTax
    Fennemore Craig, P.C.
    Fennemore Craig, P.C.
  • Article

    FTC, DOJ Announce Final HSR Rules Requiring Significant Additional Reporting Obligations, Including Expanded Scope Of Document Production

    Under the Hart-Scott-Rodino ("HSR") Act, codified as Section 7A of the Clayton Act, 15 U.S.C. § 18a, parties to certain mergers and acquisitions must file notification and report forms with the Federal Trade Commission ("FTC") and the Antitrust Division of the Department of Justice ("DOJ") and must observe a waiting period before consummating the transaction to allow the agencies to review the deal’s potential competitive implications.
    United StatesAntitrust/Competition Law
    Dechert
    Dechert
  • Article

    New York District Court Denies Motion To Dismiss Putative Securities Class Action Against Investment Company, Finding Plaintiffs Sufficiently Alleged Misleading Statements And Omissions In The Company's Offering Documents

    On May 4, 2022, Judge Victor Marrero of the United States District Court for the Southern District of New York denied a motion to dismiss a putative class action alleging, among other things...
    United StatesCorporate/Commercial Law
    A&O Shearman
    A&O Shearman
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