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Real Estate Partner Chris Terry Moderates Panel at National Commercial Real Estate Finance Conference

Real Estate Partner Chris Terry recently moderated a panel discussion titled “Distressed Financing, Maturing Loans & Workouts: Navigating the Challenging Capital Markets” at the National Commercial Real Estate Finance Conference. The panel addressed important issues in the commercial real estate market, including distressed financing, maturing loans, workouts, and the impact of rising interest rates. Hosted…

Firm News | October 2, 2024 | Distressed Real Estate Assets | Financing | Real Estate Funds

Kleinberg Kaplan’s Private Funds & Investment Management, M&A and Private Equity Groups Recognized in 34rd Edition of IFLR1000

The 34rd edition of IFLR1000 named Kleinberg Kaplan among the leading U.S. law firms providing exceptional service across 170 national jurisdictions for Hedge Funds, M&A, and Private Equity. Ranked as a Tier 3 law firm for Investment Funds: Hedge Funds in the United States and as a  Notable Law Firm for its M&A and Private Equity practices,…

Firm News | August 29, 2024 | Hedge Funds | Mergers & Acquisitions | Private Equity Funds

FTC Noncompete Ban Blocked; New York State Independent Contractor Regulations Set To Take Effect August 28

FTC Noncompete Ban Blocked On August 20, 2024, the U.S. District Court for the Northern District of Texas struck down the Federal Trade Commission’s (FTC) rule imposing a near-total nationwide ban on noncompete clauses set to go into effect on September 4, 2024 (the “Effective Date”). The Court set aside the rule and nullified its…

Client Alerts | August 27, 2024 | Employment Litigation | Risk Management

Kleinberg Kaplan Attorneys Recognized by Best Lawyers®

Premier boutique law firm Kleinberg Kaplan has been recognized by Best Lawyers®. Seven attorneys from the firm were listed in the 31st edition of The Best Lawyers in America,® and in the fifth edition of the Best Lawyers: Ones to Watch® in America. The Best Lawyers in America® 2025 Philip Gross (Tax Law) Jeffrey B. Kolodny (Trusts & Estates) James R. Ledley (Trusts &…

Firm News | August 15, 2024

Certain Fund Managers May Be Required to File TIC Form SHL by August 30, 2024

Fund managers may be required to file Treasury International Capital (“TIC”) Form SHL, Report of Foreign-Residents’ Holdings of U.S. Securities, Including Selected Money Market Instruments (SHL (2024)) by August 30, 2024, based on the fair value (determined as of June 28, 2024) of certain U.S. securities issued to foreign persons. This client alert focuses on…

Client Alerts | August 7, 2024 | Hedge Funds | Private Equity Funds

What Fund Managers Need to Know about the Recent Changes to the QPAM Exemption under ERISA

The U.S. Department of Labor (the “DOL”) recently amended the qualified professional asset manager (“QPAM”) exemption. The QPAM exemption is commonly relied on by fund managers that manage “plan assets” either through separately managed accounts or funds that exceed the 25% benefit plan investor test. If a manager is a QPAM, then certain transactions that…

Client Alerts | August 5, 2024 | Hedge Funds | Private Equity Funds

Kleinberg Kaplan Recognized in Chambers High Net Worth 2024

New York, July 18, 2024 — Premier boutique law firm Kleinberg Kaplan announced that it has been recognized by Chambers High Net Worth 2024 as a leading firm. The firm was included in the “Private Wealth Law: Mid-Market – New York” category. A source stated, “The firm has displayed an outstanding level of expertise and…

FEATURED PUBLICATION | July 18, 2024 | Business Succession Planning | Estate Planning and Administration | Planning for Fund Managers | Tax Controversy

Business as Usual for Now—A Reprieve from the FTC’s Nationwide Noncompete Ban

As explained below, the effective date of the Federal Trade Commission’s (“FTC”) rule banning the use of post-employment noncompete agreements has been stayed indefinitely by a federal court in Dallas, pending a final ruling on the merits. Eighteen months ago, we first reported on the FTC’s proposed rule-making that would enact a comprehensive nationwide ban…

Client Alerts | July 8, 2024 | Employment Litigation | Risk Management

SEC May No Longer Seek Civil Penalties for Securities Fraud in In-House Administrative Proceedings

In an important new decision, the Supreme Court, in SEC v. Jarkesy, recently held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment applies and the defendant is entitled to a jury trial in federal court.  Chief Justice Roberts delivered the Court’s opinion, with a dissent by Justice…

Client Alerts | July 3, 2024 | Commercial and Corporate Litigation | Risk Management | Regulatory Defense

SEC Expands its Focus on Whistleblower Protection Rules

The SEC has continued and expanded its focus on violations of Rule 21F-17 of the Securities Exchange Act of 1934 (i.e., the whistleblower protection rule). The SEC began actively enforcing the whistleblower protection rule many years ago, although enforcement actions in late 2023 reflected an intensified focus on whistleblower protections in separation agreements and other…

Client Alerts | June 25, 2024 | Hedge Funds | Investment Management | Private Equity Funds