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Reminder: Approaching Deadline for Elections to Elect Into New York State and New York City Pass-Through Entity Taxes for 2026

This alert is a reminder of the approaching deadlines and action items regarding the New York State Pass-Through Entity Tax (the “NYS PTET”) and the New York City Pass-Through Entity Tax (the “NYC PTET”). Deadline: March 15, 2026 The deadline to elect into the NYS PTET and the NYC PTET for 2026 is March 15,…

Client Alerts | March 4, 2026 | Hedge Funds | Private Equity Funds

Mark-to-Market Election – Whether to Make or Revoke a Section 475(f) Election on or Before March 16, 2026

At the beginning of each year, we send a newsletter to our clients and friends regarding Section 475(f) mark-to-market elections as a reminder to consider whether to make or revoke such election. A 475(f) election must be made by calendar-year partnerships on or before March 16, 2026 (as March 15 falls on a Sunday), for…

Client Alerts | March 3, 2026 | Hedge Funds | Private Equity Funds

Section 16 Reporting Will Apply to Directors and Officers of Foreign Private Issuers Beginning March 18, 2026

Beginning March 18, 2026, amendments to Section 16(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) will require directors and officers of foreign private issuers (“FPIs”) to file the same insider ownership and transaction reports that apply to insiders of many U.S. domestic issuers. The change applies regardless of whether the covered individuals…

Client Alerts | January 16, 2026 | Investment Management | Mergers & Acquisitions | Securities and Corporate Finance | Special Situations and Credit

Kleinberg Kaplan Announces Partner Promotions

January 5, 2026, NEW YORK – Premier New York-based boutique law firm Kleinberg Kaplan announces the promotion of two lawyers, Rita Fitch and Alexander Shiekman, to the firm partnership, effective January 1, 2026. Rita Fitch is a member of the Private Funds & Investment Management group. Based in Dallas, Rita advises a growing list of…

Firm News | January 5, 2026 | Emerging Companies & Venture Capital | Executive Compensation | Hedge Funds | Investment Management | Investor Activism | Mergers & Acquisitions | Private Capital | Securities and Corporate Finance | Special Situations and Credit

Regulation S-P Amendments Compliance Date Approaching: Prompt Action Required

On May 16, 2024, the SEC adopted amendments to Regulation S-P (the “Amendments”) and significantly overhauled customer data protection by enhancing protections for sensitive data of customers of certain financial institutions, including registered investment advisers. Registered investment advisers with $1.5 billion or more in assets under management (“Larger RIAs”) are required to comply with the Amendments by December…

Client Alerts | November 26, 2025 | Hedge Funds | Investment Management | Private Capital

Tax Issues and Planning to Consider Before and After Year-End 2025

This newsletter briefly highlights certain tax issues and planning opportunities that fund managers and high-net-worth individuals should consider (or reconsider) before and shortly after the end of 2025. While the One Big Beautiful Bill Act (the “OBBBA”), signed into law earlier this year, included many changes to the tax system, the final bill had far…

Client Alerts | November 24, 2025 | Hedge Funds | High Net Worth Individual Planning | Private Equity Funds

How Free Is Free and Clear? Bankruptcy Court Shields GM from Texas Lawsuit

A New York bankruptcy court has enjoined the State of Texas from prosecuting state court consumer protection litigation against General Motors to the extent that it involves facts that predate the General Motors 2009 bankruptcy. The decision, In re Motors Liquidation Co., shows the broad scope and effect of “Gatekeeper” injunctions and “free and clear” sale…

Client Alerts | November 5, 2025 | Business Restructuring and Reorganization | Creditors’ Rights and Bankruptcy Litigation

Defunding the Funders: Bankruptcy Court Voids Post-Confirmation Litigation Funding

A Texas bankruptcy judge has ruled that a post-confirmation litigation trust has no obligations under a litigation funding agreement that had been completely drawn down because the litigation trustee was not authorized to obtain litigation funding. The decision, In re Fresh Acquisitions, LLC, demonstrates the uncertainties in post-confirmation estate administration and serves as a warning…

Client Alerts | September 2, 2025 | Creditors’ Rights and Bankruptcy Litigation | Securities and Corporate Finance

Offshore Harbor: Second Circuit Rules That Safe Harbor Blocks Clawback Actions Brought in Foreign Proceedings

The Second Circuit Court of Appeals has ordered the dismissal of all clawback actions brought by the liquidators of a Madoff feeder fund against foreign investors who made withdrawals before the Madoff fraud was revealed to the public. The decision, In re Fairfield Sentry Ltd., demonstrates that the Safe Harbor — which provides protections from…

Client Alerts | August 14, 2025 | Creditors’ Rights and Bankruptcy Litigation

Safe Harbor Resource Center

[Originally published March 23, 2021; last updated August 14, 2025] Elements of the Safe Harbor Defense Section 546(e) of the Bankruptcy Code provides a safe harbor that bars certain avoidance actions/clawback actions (described below – “What types of actions are barred?”) regarding Qualifying Transactions (described below) that involve Qualifying Entities (described below). What types of…

FEATURED PUBLICATION | August 14, 2025 | Creditors’ Rights and Bankruptcy Litigation