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Action Items for Advisers prior to Marketing Rule Going Live

The Securities and Exchange Commission (“SEC”) adopted sweeping amendments to the rules that govern advertising by investment advisers and payments to solicitors under the Investment Advisers Act of 1940, as amended (“Advisers Act”). These amendments combined the prior rules governing advertising and paid solicitation into a single revised Rule 206(4)-1 (the “Marketing Rule”).1 All investment advisers registered,…

Client Alerts | October 12, 2022 | Hedge Funds | Investment Management | Private Equity Funds

Asset Managers Who Prepare for Increased Transparency on DEI May See Big Returns

Getting out ahead of mandatory standards could bring organizational improvements and boost assets under management Within an asset management firm’s website may be a page that signals its commitment to diversity, equity, and inclusion (“DEI”) in ownership, leadership, employment and even investing practices. The commitments and aspirations are both admirable and responsive to the increased…

Client Alerts | September 29, 2022 | Hedge Funds | Investment Management | Private Equity Funds

Kleinberg Kaplan Advises Paulson as a Lead Investor in Battery Technology Company, Ambri

Kleinberg Kaplan client, Paulson & Co., Inc., was a lead investor in a recent Series E Preferred Share capital raise for Ambri Inc., a developer of a new battery technology that will enable power grids to operate more efficiently using stored renewable resources. The funds from this round will be used in new manufacturing facilities…

Firm News | August 18, 2021 | Mergers & Acquisitions | Investment Management | Hedge Funds

SEC Increases “Qualified Client” Standards

On June 17, 2021, the U.S. Securities and Exchange Commission (the “SEC”) issued an order (the “Order”1) increasing the dollar amount tests in order to qualify as a “qualified client” in Rule 205-3 (the “Rule”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”). As described below, these changes will be effective…

Client Alerts | August 2, 2021 | Investment Management | Hedge Funds | Private Equity Funds

Kleinberg Kaplan Adds David Pentlow as Senior Counsel to Private Funds & Investment Management Practice

Premier boutique law firm Kleinberg Kaplan has announced that David Pentlow has joined the firm as Senior Counsel in its Private Funds & Investment Management Practice. Mr. Pentlow has extensive experience representing private equity funds, hedge funds, real estate funds and other investors, financial institutions, and issuers – from start-ups to established public companies –…

Firm News | February 16, 2021 | Private Equity Funds | Hedge Funds | Real Estate Funds | Investment Management | Securities and Corporate Finance | Mergers & Acquisitions | Business Restructuring and Reorganization

Kleinberg Kaplan Promotes Joshua Guttman to Partner

Premier boutique law firm Kleinberg Kaplan announces the promotion of Joshua Guttman to partner effective January 1, 2021. Since 1971, New York-based Kleinberg Kaplan has been a leader in advising hedge and private equity funds, sophisticated business ventures, prominent real estate operators, and family offices. “I am pleased to announce the promotion of Josh Guttman to partner,”…

FEATURED PUBLICATION | January 4, 2021 | Hedge Funds | Private Equity Funds | Investment Management

SEC Expands the Definition of Accredited Investors: Action Required

On August 26, 2020, the Securities and Exchange Commission (the “SEC”) adopted previously proposed amendments (the “Amendments”) that expand the definition of “accredited investor” (or “AI”) applicable to private placements under Regulation D, and the definition of “qualified institutional buyer” (or “QIB”) under Rule 144A, each under the Securities Act of 1933, as amended (the…

Client Alerts | November 9, 2020 | Investment Management | Securities and Corporate Finance

LIBOR Transition – ISDA Prepares to Launch 2020 IBOR Fallbacks Protocol and Supplement

Following a favorable review from the Antitrust Division of the U.S. Department of Justice, the International Swaps and Derivatives Association (“ISDA”) announced on October 9, 2020 that it intends to publish a protocol, along with updates to its standardized documentation to provide for fallback rates and procedures to account for the potential discontinuation of certain…

Client Alerts | October 19, 2020 | Derivatives | Investment Management