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Cayman Islands Again Extends FATCA Registration and Reporting Deadlines

The Cayman Islands Tax Information Authority (the “TIA”) has recently extended the deadline to register on its AEOI Portal. The deadline is now May 29, 2015. The original deadline was March 31st, but has been extended several times. Cayman Islands funds must also report certain information, including name, address, TIN, and account balance, on specified…

Client Alerts | May 22, 2015 | Hedge Funds

SEC Issues Guidance Regarding Administrative Proceedings

On Friday, May 8, 2015, the Securities and Exchange Commission issued guidance to its staff to assist in determining whether to bring enforcement actions in federal district court or as administrative proceedings before an Administrative Law Judge. The administrative proceedings have become highly controversial in recent years, as many defendants in the proceedings have complained…

Client Alerts | May 11, 2015 | Hedge Funds

Treasury Postpones The Effective Date for Dividend Equivalent Withholding Regulations for One Year Until January 1, 2017!

Senior counsel for the Treasury Office of Tax Legislative Counsel announced today that the effective date for proposed regulations regarding U.S. withholding tax on dividend equivalent payments (e.g., payments on certain equity swaps or other derivatives referencing U.S. equity securities) has been postponed for one year from January 1, 2016, to January 1, 2017. As…

Client Alerts | May 8, 2015 | Hedge Funds

Hedge Funds – Upcoming FATCA Compliance Deadlines

This legal update highlights certain important upcoming FATCA compliance deadlines for Cayman Islands funds (i.e., offshore standalone funds, offshore feeder funds, and offshore master funds). Register with the Cayman Islands on or before April 30, 2015. Each Cayman Islands fund must register with the Cayman Islands on or before April 30, 2015. Funds must register…

Client Alerts | April 7, 2015 | Hedge Funds

SEC’s Co-Chief of Enforcement (Asset Management Unit) Describes Enforcement Priorities for the Year

The Co-Chief of the Securities and Exchange Commission’s Asset Management Unit (the “AMU”) recently provided a revealing and important glimpse into the SEC’s priorities in bringing enforcement actions in the investment fund community. Julie M. Riewe gave an overview of the AMU’s capabilities and accomplishments in the five years since it was formed, and provided…

Client Alerts | March 3, 2015 | Hedge Funds

Second Circuit Warns That Omission In Public Filings May Constitute Actionable Securities Fraud

While recent news has been about decisions which potentially limit liability in insider trading cases, little attention has been paid to one which potentially expands the reach of the securities fraud statutes.  In Stratte-McClure v Morgan Stanley, the Court of Appeals for the Second Circuit recently held that mere silence in a required public filing…

Client Alerts | February 18, 2015 | Securities and Corporate Finance | Hedge Funds

FTC Announces New Thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976

The Federal Trade Commission (the “FTC”) is required to annually revise the jurisdictional thresholds for notifications of certain mergers and acquisitions under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”), based on the change in gross national product for the preceding fiscal year.  For 2015, the initial notification threshold will be…

Client Alerts | February 4, 2015 | Securities and Corporate Finance | Hedge Funds

A Federal District Court Rejects Effort To Limit Newman Decision and Its Impact on Insider Trading Law

On January 22, 2015, a federal district court, in U.S. v. Conradt, vacated the guilty pleas of four men accused of insider trading.  This decision is the first to follow U.S. v. Newman, the recent landmark appellate ruling limiting the government’s ability to pursue insider trading cases. In the course of granting the defendants’ motions…

Client Alerts | January 26, 2015 | Securities and Corporate Finance | Hedge Funds