Firm News | November 1, 2021
[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
New York, July 28, 2025 — Premier boutique law firm Kleinberg Kaplan announced that it has been recognized by Chambers High Net Worth 2025 as a leading firm. The firm was included in the “Private Wealth Law: Mid-Market – New York” category. A source stated, “Kleinberg Kaplan has smart and creative lawyers who are very…
Firm News | July 29, 2025 | Estate Planning and Administration | Family Office | International Trusts & Estates Planning | Nonprofit and Tax-Exempt Organizations | Planning for Fund Managers | Tax Controversy | Trusts & Estates Litigation
The Bureau of Economic Analysis (BEA) Form BE-180, the 2024 Benchmark Survey of Financial Services Transactions Between U.S. Financial Services Providers and Foreign Persons, is due by July 31, 2025 (but extensions may be obtained), and may apply to many hedge fund managers/general partners. Form BE-180 is required every five years. The purpose of Form…
Client Alerts | July 24, 2025 | Hedge Funds | Private Equity Funds
Elevation of Jason Mulgrew to COO and Noelle Obermueller to Chief HR/Talent Officer rounds out bench of professional leaders at law firm, including new business development head and operations director New York (July 23, 2025) – Top private investment funds law firm Kleinberg Kaplan has made several new senior appointments, expanding the firm’s business leadership team…
Firm News | July 22, 2025
The Supreme Court has turned down a request to reinstate a bankruptcy court “Gatekeeper” injunction that shielded non-debtor parties from litigation. This injunction had been rejected by the Fifth Circuit Court of Appeals. The decision, Highland Capital Management, L.P. v. Nexpoint Advisors, L.P., shows the limits of bankruptcy court jurisdiction to enter Gatekeeper injunctions as…
Client Alerts | July 21, 2025 | Business Restructuring and Reorganization | Creditors’ Rights and Bankruptcy Litigation
On July 4th, President Trump signed into law a new tax act, representing the administration’s key tax policies. While initial proposals for this legislation indicated it might have far more impact on funds and fund managers, many of these proposals were ultimately not included. Insofar as its impact on funds and fund managers, what was…
Client Alerts | July 10, 2025 | Hedge Funds | Private Equity Funds
Firm ranked in Hedge Funds category; four partners individually honored New York, June 5, 2025 — Premier boutique law firm Kleinberg Kaplan announced that it has been recognized by Chambers USA 2025 as a leading firm. The firm was again included in the “Hedge Funds (USA – Nationwide)” category, and four Kleinberg Kaplan partners were individually highlighted in…
Firm News | June 6, 2025 | Hedge Funds | Investor Activism
Kleinberg Kaplan represents Paulson Advisers LLC in its acquisition, along with NovaGold Resources, Inc., of a 50% interest in Donlin Gold LLC from Barrick Gold Corporation for $1.0 billion in cash, announced April 22, 2025. For more information, please refer to the press release on the NovaGold website. The Kleinberg Kaplan deal team representing Paulson…
Firm News | April 22, 2025 | Mergers & Acquisitions
Background — The Difficulty for Advisers Since the U.S. Securities and Exchange Commission (“SEC”) adopted Rule 206(4)-1 under the Investment Advisers Act of 1940 (the “Marketing Rule”), investment advisers have struggled with certain requirements relating to presenting “net” performance figures, especially when such figures are difficult to determine. One scenario relates to the presentation of…
Client Alerts | April 3, 2025 | Hedge Funds | Investment Management | Private Capital
On March 12, 2025, the Division of Corporation Finance of the U.S. Securities and Exchange Commission (“SEC”) issued a no-action letter (the “No-Action Letter”) which clarifies that issuers may generally rely on certain minimum investment levels — principally $200,000 for natural persons and $1 million for legal entities — and related investor representations to verify…
Client Alerts | March 25, 2025 | Hedge Funds | Private Capital | Securities and Corporate Finance
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