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  • Article

    SEC Reiterates Examination Focus On Firms Engaged In ESG Investing

    On April 9, 2021 the U.S. Securities and Exchange Commission ("SEC") Division of Examinations ("Division") released a Risk Alert highlighting observations from recent examinations
    United StatesFinance and Banking
    Winston Taylor
    Winston Taylor
  • Article

    Stimulus Act Expands Executive Compensation Restrictions For TARP Recipients

    The American Recovery and Reinvestment Act of 2009 ("ARRA") that was signed into law on February 17, 2009, amended the Emergency Economic Stabilization Act of 2008 ("EESA"), which imposed certain executive compensation limits on companies receiving assistance under the U.S. Treasury Department's Troubled Asset Relief Program ("TARP").
    United StatesFinance and Banking
    Katten
Katten
  • Article

    White House Proposal Calls For Increased Regulation Of Private Investment Funds In Broad Attempt To Restore Confidence In Integrity Of Financial System

    On June 17, the Department of the Treasury released a report titled, “Financial Regulatory Reform: A New Foundation” (the “White Paper”), which provides a general outline of a plan to increase federal oversight of private investment funds and their advisers.
    United StatesFinance and Banking
    Morrison Foerster
    Morrison Foerster
  • Article

    Investment In Morocco And Opportunities For Companies In The Western Sahara

    Morocco has made significant strides in its development objectives over the last decade.
    United StatesInternational Law
    Dentons
    Dentons
  • Article

    Stock Option Backdating: the Latest “Hot Issue”

    In November 2005, a publicly-traded company announced the resignation of three of its top executive officers following an SEC investigation into the backdating of stock option grants. Since then, more than 20 companies have announced the formation of independent committees to investigate option granting practices or the existence of a government investigation into their option grants.
    United StatesLitigation, Mediation & Arbitration
    Cooley LLP
    Cooley LLP
  • Article

    US Second Circuit Restores Securities Class Action Against Global Asset Manager

    Plaintiffs brought a putative securities class action on behalf of investors who purchased the common units of the Blackstone Group, LP (Blackstone) at the time of its initial public offering (IPO) on June 21, 2007.
    United StatesLitigation, Mediation & Arbitration
    Mayer Brown
    Mayer Brown
  • Article

    When Do Private Equity Funds Have Standing To Assert Indemnification Claims?

    On March 3, 2011, the New York Supreme Court Appellate Division First Department affirmed the denial of a motion by defendant IAC/InterActiveCorp.
    United StatesLitigation, Mediation & Arbitration
    Bracewell LLP
    Bracewell LLP
  • Article

    California Imposes Lobbyist Registration Requirement and Contingency Compensation Prohibition on Certain Placement Agents

    California Assembly Bill No. 1743 (AB 1743) was introduced in response to investigations into alleged corrupt practices involving the use of placement agents with respect to public retirement systems or pension funds.
    United StatesStrategy
    Mayer Brown
    Mayer Brown
  • Article

    DOL Proposed Rule Urges Caution Regarding The Use Of ESG Factors For ERISA Plans

    On June 22, 2020, the United States Department of Labor (the "DOL") submitted a proposed regulation (the "Proposal") regarding the use of Environmental, Social and Governance
    United StatesStrategy
    Mayer Brown
    Mayer Brown
  • Article

    FINRA Proposes Revisions To Its Mutual Fund Cash Compensation Disclosure Rules

    After a number of fits and starts, and a multi-year rulemaking process, FINRA has proposed to significantly revise its investment company sales compensation disclosure rule, FINRA Rule 2830, in a way that would move revenue sharing disclosure from fund prospectuses and statements of additional information ("SAI") to the point of sale and to the internet (or made available over the phone).
    United StatesStrategy
    Paul Hastings LLP
    Paul Hastings LLP
  • Article

    Quarterly Investment Update - 4th Quarter 2023

    The year 2023 began with many, if not most, economists calling for recessions in the United States and abroad. High inflation, restrictive central banks, and slowdowns...
    United StatesStrategy
    Perkins Coie LLP
    Perkins Coie LLP
  • Article

    Division Of Investment Management Responds To Questions Regarding Definition Of "Family Office" Under Dodd-Frank Act

    As indicated in a prior update, on June 22, 2011, the SEC adopted a rule (Rule) defining the term "family office" for purposes of identifying entities eligible for exclusion from registration as an investment adviser under the Investment Advisers Act of 1940 (Advisers Act).
    United StatesCorporate/Commercial Law
    Perkins Coie LLP
    Perkins Coie LLP
  • Article

    Family Offices: New Beginnings For Alternative Capital Arrangements

    Veteran family office operators and managers may have other quotations (or visions) from Mary Shelley's "Frankenstein" in mind
    United StatesCorporate/Commercial Law
    Kirkland & Ellis International LLP
    Kirkland & Ellis International LLP
  • Article

    Investment Management Update: Client Alert Regarding New Publication Requirements

    On February 3, 2006, New York State enacted Senate Bill No. 85-A, which amends publication requirements pertaining to (1) domestic and foreign limited liability companies, (2) domestic and foreign professional service limited liability companies, (3) domestic and foreign limited partnerships and (4) domestic and foreign limited liability partnerships.
    United StatesCorporate/Commercial Law
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    New ERISA Notice Requirement May Require Action By December 2, 2006

    For 401(k) and other retirement plans that offer company stock investments to participants, the Pension Protection Act of 2006 (PPA) creates new diversification rights for participants and bolsters these rights with a notice requirement that may be effective as soon as December 2, 2006.
    United StatesEmployment and HR
    Morrison Foerster
    Morrison Foerster
  • Article

    LNG Deals In South America Offer Big Risks And Rewards

    Bolivia’s recent about face on LNG projects intended to supply the U.S. has prompted thoughtful investors to reexamine the pitfalls that might lie just below all those whitewater rapids that best characterize South American political economics.
    United StatesEnergy and Natural Resources
    Bracewell LLP
    Bracewell LLP
  • Article

    Adapting Your Business To A Changing Environment

    Extreme weather affects our planet, our people and our business. Adapting to this "new normal" will create challenges and provide opportunities for industries and governments worldwide.
    United StatesEnvironment
    Dentons
    Dentons
  • Article

    FDIC Issues Proposed Guidelines Restricting Private Equity Investments In Failed Banks

    On July 2, the FDIC issued proposed guidelines that would significantly impact private equity investments in failed insured depository institutions.
    United StatesFinance and Banking
    Morrison Foerster
    Morrison Foerster
  • Article

    Holding Debt And Equity Investments In A Financially Distressed Company May Survive Recharacterization Claims

    Investors who hold both debt and equity in a financially distressed company may be confronted with efforts to have their debt investments recharacterized as equity. Recharacterization is an equitable remedy that bankruptcy courts have used as a basis to look past the form and characterization of an obligation as debt and find the subject obligation to be equity.
    United StatesFinance and Banking
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    House And Senate Debate And Amend Financial Regulatory Reform Proposals

    During the week of November 16, 2009, the House Financial Services Committee and the Senate Banking Committee each continued to work on their respective financial regulatory reform bills.
    United StatesFinance and Banking
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Showing 901–920 of 1814 results

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