Insights

The Second Circuit has affirmed, on appeal, the dismissal of an attempt by the Lehman Brothers estate to unwind payments made in connection with a series of collateralized debt obligation (“CDO”) structures. The decision, Lehman Brothers Special Financing Inc. v. Branch Banking and Trust Company (In re Lehman Brothers Holdings, Inc.), marks the third time that…

Client Alerts | August 12, 2020 | Creditors’ Rights and Bankruptcy Litigation

On July 22, 2020, the Securities and Exchange Commission (the “SEC”) released its much-anticipated final amendments to its rules with respect to proxy voting advice businesses (the “Amendments”). The SEC first issued their proposed amendments concerning proxy advisory firms in November 2019 (the “Proposals”). Overall, the final Amendments represent a more tempered approach to regulation of…

Client Alerts | July 29, 2020 | Hedge Funds | Investment Management | Investor Activism

On June 23, 2020, the staff of the Office of Compliance Inspections and Examinations (“OCIE”) of the U.S. Securities and Exchange Commission (the “SEC”) issued a risk alert (the “Risk Alert”) that provides an overview of certain compliance issues and deficiencies that OCIE has observed in recent examinations of registered investment advisers that manage private…

Client Alerts | July 22, 2020 | Investment Management

The LIBOR transition encompasses far-ranging legal issues that impact the investment management industry, including the potential impact on trading and derivatives portfolios, fund performance targets within fund documentation, financing and brokerage arrangements, and a wide range of operational and other issues that need to be considered by managers. Background LIBOR (London Interbank Offered Rate) is…

Client Alerts | July 21, 2020 | Investment Management

On July 10, 2020, the Securities and Exchange Commission (the “SEC”) announced that it had proposed an amendment to Form 13F and Rule 13f-1 to, among other items, substantially increase the reporting threshold for institutional investment managers  (the “Proposal”).1 If the Proposal is adopted, it would be the first amendment to Form 13F since its…

Client Alerts | July 21, 2020 | Hedge Funds | Investment Management | Investor Activism

July 15, 2020 Deadline for 2016 Protective Refund Claims for Taxpayers that Did Not Go on Extension For 2016 July 2020 In December 2019, the 5th Circuit Court of Appeals ruled that the individual mandate portion of the Affordable Care Act (the “ACA”) was unconstitutional. The Supreme Court of the United States (the “SCOTUS”) has agreed to…

Client Alerts | July 13, 2020 | Business Advice and Planning

As a result of the COVID-19 pandemic, many companies are having difficulty meeting payment obligations on their outstanding debt. However, thanks to a combination of the U.S.-Irish income tax treaty and Section 108 of the Internal Revenue Code of 1986, as amended (the “Code”), private equity funds (and other funds) may be able to find…

Client Alerts | July 9, 2020 | Business Advice and Planning | Private Equity Funds

As the global economy continues to feel the disruptive effects of the COVID-19 crisis, now may be an appropriate time to consider potential estate planning opportunities: Low Interest Rates: The IRS prescribes minimum interest rates that taxpayers must charge on most loans (including installment sales) to avoid gift tax consequences. These IRS rates are now…

Client Alerts | July 8, 2020 | Estate Planning and Administration

Both the SECURE Act enacted in December 2019 and the CARES Act enacted in March 2020 changed the rules governing distributions from retirement plans and IRAs. Under the SECURE Act, retirement plan participants and IRA owners no longer have to begin taking distributions until April 1 of the calendar year after they reach age 72…

Client Alerts | June 26, 2020 | Estate Planning and Administration

On Monday, June 15, 2020, the Supreme Court of the United States handed down a monumental decision in Bostock v. Clayton County, Georgia, declaring that any employer who discriminates on the basis of sexual orientation or gender identity violates Title VII of the Civil Rights Act of 1964 which protects individuals in the workplace from…

Client Alerts | June 25, 2020 | Risk Management | Employment Litigation