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Kleinberg Kaplan Partner Christian Gloger and Associate Mike Yi Published in Westlaw Today

A recent client alert written by Kleinberg Kaplan partner Christian Gloger and associate Mike Yi was republished by Westlaw Today. The article, “Private Credit Funds – Structures and Recent Trends,” compares closed-end and open-end credit fund terms and structuring alternatives, as well as overall credit fund space developments. The article was included as part of Westlaw’s June…

Firm News | July 5, 2023 | Hedge Funds | Private Equity Funds

Private Credit Funds – Structures and Recent Trends

In recent years, the alternative investment space has grown in size and significance as a result of a period of low interest rates, favorable monetary policy and financial conditions. The hunt for yield and diversification provided further comfort to institutional investors seeking to gain exposure to this burgeoning industry. In particular, buyout1 and infrastructure2 focused…

Client Alerts | June 22, 2023 | Hedge Funds | Private Equity Funds

Private Fund Managers Must Prepare For Greater Scrutiny and Transparency Regarding Affiliated Service Provider Arrangements

Proposed SEC Rule and Examination Priorities Target “Problematic Compensation Schemes” and “Opaque Reporting Practices” Private fund managers – especially managers of real estate, private equity, and private credit funds – have increasingly used affiliated service providers to perform various tasks for their funds or portfolio companies. Such tasks include asset-level due diligence, loan servicing, property…

Client Alerts | June 13, 2023 | Hedge Funds | Private Equity Funds

NFA Adopts Compliance Rule for Spot Digital Asset Commodity Activity

On March 29, 2023, the National Futures Association (“NFA”) announced the adoption of Compliance Rule 2-51: Requirements for Members and Associates Engaged in Activities Involving Digital Asset Commodities (the “New Rule”),1 which will implement anti-fraud, trading, and supervisory requirements for member firms, including firms registered with the Commodity Futures Trading Commission as commodity pool operators…

Client Alerts | April 3, 2023 | Digital Assets and Cryptocurrency | Hedge Funds | 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 &…

Kleinberg Kaplan Partners Christian Gloger and Richard Guidice, Jr. Featured in Think Advisor

Kleinberg Kaplan Partners Christian Gloger and Richard Guidice, Jr. were featured in a Think Advisor article, “How Advisors Can Get Ready for New SEC Marketing Rule,” discussing important considerations ahead of the November 4 compliance date for the new SEC Marketing Rule. The article highlighted key takeaways from Christian’s and Rich’s earlier webinar on the…

Firm News | October 20, 2022 | Hedge Funds | Private Equity Funds

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

SEC Announces 2022 Examination Priorities

On March 30, 2022, the Division of Examinations (formerly known as the Office of Compliance Inspections and Examinations) (the “Division”) of the Securities and Exchange Commission (the “SEC”) announced its 2022 examination priorities for registered investment advisers (“RIAs”).1 The Division grouped the priorities into six general thematic areas: the operation of private investment funds; environmental,…

Client Alerts | May 2, 2022 | Hedge Funds | Private Equity Funds | Digital Assets and Cryptocurrency

Historic Regulatory Shake-up for the Private Funds Industry

In recent months, the U.S. Securities and Exchange Commission (the “SEC”) has introduced a wave of proposals amounting to approximately 1,100 pages of new and amended rules that will significantly impact the private funds industry, likely subjecting it to an unprecedented degree of regulation. Many of these proposed rules would apply to all private fund…

Client Alerts | April 7, 2022 | Hedge Funds | Private Equity Funds | Securities and Corporate Finance