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ARTICLE · 05 OCTOBER 2011

Financial Services Alert – October 4, 2011

The SEC issued an order instituting administrative and cease-and-desist proceedings against a registered investment adviser (the "Adviser") and its founder and majority owner, who also served as its chief executive officer and chief compliance officer (the "Owner" and, collectively with the Adviser, the "Respondents") for misrepresenting in Form ADV the Adviser’s assets under management and for failing to disclose the Adviser’s poor financial condition to clients.

United StatesFinance and Banking
  • SEC Commences Administrative Proceeding Against Adviser Alleging Misrepresentations Regarding Assets Under Management and Failure to Disclose Financial Condition
  • Federal District Court Dismisses Derivative Claims by Mutual Fund Investors Based on Failure to Follow Proper Procedure Following Demand on Fund Board
  • SEC Examination Staff Issues Report Suggesting Approaches for Addressing Risks Posed by Master/Sub-Account Arrangements
  • Derivative Suit Filed Against JPMorgan Directors Claiming Breach of Fiduciary Duty and Unjust Enrichment in Connection with JPMorgan's $88.3 Million Settlement with OFAC

Other Items of Note

  • New ERISA Litigation Update Available
  • Basel Committee Reaffirms Proposal to Impose Capital Surcharge on Banks That are "Too Big To Fail"

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