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SEC Charges Firms for Violating Whistleblower Protection Rules in Employment Agreements, Separation Agreements and Releases

Firms should review their employment related agreements to determine if any changes are necessary. In September 2023, the SEC issued orders against each of D.E. Shaw & Co., L.P. (“D.E. Shaw”), CBRE, Inc. (“CBRE”) and Monolith Resources LLC (“Monolith”) in connection with provisions in their separation agreements and other employment-related documents that violated Rule 21F-17…

Client Alerts | October 13, 2023 | Executive Compensation | Hedge Funds | Investment Management | Private Equity Funds

Kleinberg Kaplan Announces Partner Promotions

January 3, 2023, NEW YORK – Premier boutique law firm Kleinberg Kaplan announces the promotion of two associates, Moshe Segal and Derek Stueben, to the firm partnership, effective January 1, 2023. Moshe is a member of Kleinberg Kaplan’s Private Funds & Investment Management group and Derek is a member of the firm’s Corporate Transactional &…

Firm News | January 3, 2023 | Investment Management | Executive Compensation | Hedge Funds | Private Equity Funds | Digital Assets and Cryptocurrency | Emerging Companies & Venture Capital | Mergers & Acquisitions | Securities and Corporate Finance

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