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ARTICLE · 05 DECEMBER 2018

Funds Talk: December 2018

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Legal commentary on the news and events that matter most to alternative asset managers and funds.

United StatesCorporate/Commercial Law
Ann Kalodis
Ann Kalodis
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Topics covered in this issue include: 

  • Deal Points Study: Representations and Warranties Insurance Continues Its Significant Influence on M&A Deal Terms
    Our 2018 Deal Points Study examines acquisition agreements for private target transactions and shows the continuing increased use of buyer-side representations and warranties insurance. These policies have caused changes to important provisions, and are now even influencing non-policy deals.
  • Poor Compliance With Cash Solicitation Rule Prompts OCIE Risk Alert
    The staff of the SEC's Office of Compliance Inspections and Examinations (the Staff) highlighted some recurring compliance issues with its cash solicitation rule. This rule regulates the provision of cash fees for the solicitation of prospective clients and contains obligations both for the adviser and the solicitor. Advisers should consider reviewing their policies in light of the Staff's observations to ensure they are in compliance with the rule.

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