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  • Article

    Feeling Like A Yo-Yo? Latest Swing In ESG Investments And ERISA's Fiduciary Duties

    Avid subscribers to Beneficially Yours may recall where we started in June 2020 when the DOL issued proposed regulations addressing how ERISA fiduciaries should evaluate...
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Seventh Circuit Confirms ERISA "Implied Exception" for Participant-Directed Plans

    The nascent body of case law concerning participant-directed plans recently received a contribution from the Seventh Circuit, which affirmed summary judgment for a plan trustee even though the plan did not satisfy the "safe harbor" of ERISA section 404(c). Jenkins v. Yager, __ F.3d ___ (7 Circuit, April 14th, 2006).
    United StatesEmployment and HR
    Sutherland Asbill & Brennan LLP
Sutherland Asbill & Brennan LLP
  • Article

    Supreme Court Hears Investment Underperformance Argument In Anderson V. Intel: Justices Appear Receptive To A Benchmark Requirement

    The Supreme Court heard oral argument in Anderson v. Intel Corporation Investment Policy Committee, examining whether ERISA plaintiffs must allege underperformance against a meaningful benchmark when challenging investment fund performance in defined contribution plans. The Justices appeared inclined to affirm this requirement, though questions remain about what constitutes a meaningful benchmark and how precisely the Court will define the standard for lower courts.
    United StatesEmployment and HR
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Article

    ESG Under Attack At House Oversight Committee Hearing

    The hearing is partly in response to a March 2023 letter from 21 Republican state attorneys general to various large investment firms.
    United StatesEnvironment
    Katten
    Katten
  • Article

    Certain Broker-Dealer Activity Deemed Not to Be Investment Advisory Services

    In November 1999, the SEC first issued a release proposing a new rule under the Investment Advisers Act of 1940 (the "Advisers Act").
    United StatesFinance and Banking
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Down But Not Out: The SEC Will Rise From The PIPE Ashes

    The Securities and Exchange Commission’s (SEC) recent prosecution of Securities Act of 1933 (Securities Act) Section 5 cases in PIPE (private equity investment in public equity) transactions hit a brick wall in 2007 and early 2008.
    United StatesFinance and Banking
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Massachusetts Secretary Of State Adopts New Regulations For Investment Advisers In Response To Dodd-Frank Act

    The Massachusetts Securities Division has amended proposed rules relating to the regulation of investment advisers.
    United StatesFinance and Banking
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    SEC Adopts Interim Final Temporary Rule (Rule 10a-3T) Requiring Institutional Investment Managers To Report Short Sales

    On October 15, 2008, the Securities and Exchange Commission ("SEC" or the "Commission") adopted an interim temporary final rule (.pdf) (the "Interim Rule" or "Rule 10a-3T") requiring institutional investment managers (those required to file Form 13F) to report information concerning daily short sales of securities.
    United StatesFinance and Banking
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    SEC Proposes Amendments per Dodd-Frank to Accredited Investor Standards

    On January 25, 2011, the U.S. Securities and Exchange Commission (the "SEC") proposed amendments to the accredited investor standards in its rules under the Securities Act of 1933, as amended (the "Securities Act"), to reflect the requirements of Section 413(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act").
    United StatesFinance and Banking
    Duane Morris LLP
    Duane Morris LLP
  • Article

    SEC Proposes Amendments To Enhance Custody Rules For Investment Advisers

    On May 14, 2009, the Securities and Exchange Commission ("SEC" or the "Commission") proposed rule amendments which are intended to substantially increase protections for investors who allow investment advisers to have custody over their assets.
    United StatesFinance and Banking
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Senate Passes Financial Reform Legislation; Advisers to Private Funds Will Need to Register

    On May 20, 2010, the Senate approved sweeping financial reform legislation. Included in the legislation is the Private Fund Investment Advisers Registration Act of 2010 (the "Senate Bill").
    United StatesFinance and Banking
    O'Melveny & Myers LLP
    O'Melveny & Myers LLP
  • Article

    Update To The Naming Convention For Exchange Traded Products

    Since 2017, the Australian Securities and Investments Commission (ASIC) has provided guidance to licensed exchanges on exchange traded products (ETP) naming conventions...
    United StatesFinance and Banking
    K&L Gates
    K&L Gates
  • Article

    Sweeping Pension System Reforms Adopted in Illinois; Bans on Pension System Placement Agents and Lobbyists in New York

    April 2009 saw the adoption of sweeping pension system reforms in Illinois and New York State that will have a significant effect on investment advisers, managers and consultants.
    United StatesGovernment, Public Sector
    Mayer Brown
    Mayer Brown
  • Article

    AIG Enters Into $1.64 Billion Settlement with New York State and Federal Authorities; $375 Million Earmarked for Policyholders

    American International Group, Inc. (AIG), one of the world’s largest insurance conglomerates, has settled a variety of charges leveled against it by New York State and Federal Authorities.
    United StatesInsurance
    Thelen LLP
    Thelen LLP
  • Article

    KYC Becomes More Important For US Companies When Working Across Borders

    Overseas expansion remains a goal for many US companies, but even if that company is not looking to set up or sell in a foreign country, it's likely there will be a foreign component to even the most American of products and services.
    United StatesInternational Law
    TMF Group BV
    TMF Group BV
  • Article

    SEC Issues Risk Alert Regarding Compliance With Rule 206(4)-1, The Marketing Rule

    On April 17, 2024, the Securities and Exchange Commission's (SEC) Division of Examination (Division) issued a Risk Alert to provide information about investment advisers...
    United StatesMedia, Telecoms, IT, Entertainment
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Beyond Benchmarks: Alternative Methods Of Measuring Your Portfolio's Results

    How do you know when your investments are performing well?
    United StatesStrategy
    ORBA
    ORBA
  • Article

    Declining Domestic Investments May Still Qualify As Significant

    In a recent decision, the ITC rejected respondent's argument that complainant did not meet its domestic industry ("DI") requirements because of declining investments over the years ...
    United StatesStrategy
    Jones Day
    Jones Day
  • Article

    DOL Final Regulation Requires Amendment To Automatic Cash-Out Provisions

    On September 28, 2004, the U.S. Department of Labor (DOL) issued a final regulation allowing plan fiduciaries to satisfy their fiduciary responsibilities regarding the automatic rollover to individual retirement accounts (IRAs) of certain mandatory distributions.
    United StatesStrategy
    McDermott Will & Emery
    McDermott Will & Emery
  • Podcast

    French Insider Episode 22: French Investments In The U.S. Wine Industry With Jean Hoefliger Of JH Wine Consulting [Replay] (Podcast)

    For this episode of French Insider, Jean Hoefliger, noted wine consultant, entrepreneur, and founder of JH Wine Consultants, joins us to discuss French investments in the U.S. wine industry...
    United StatesStrategy
    Sheppard
    Sheppard
  • Showing 481–500 of 1814 results

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