Insights

On July 13, 2016, the Securities and Exchange Commission adopted amendments updating the rules of practice governing its in-house administrative proceedings. Among the most significant new rules adopted by the SEC are: Timing of Hearing and Initial Decision The new rules make the deadline for a final decision run from the date that the hearing…

Client Alerts | July 20, 2016 | Hedge Funds

On Wednesday, June 29, 2016, the U.S. Federal Trade Commission (the “FTC”) announced that it approved final amendments to Commission Rule 1.98 to increase the maximum civil penalty dollar amounts for various legal violations as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. Among such violations, as of August 1,…

Client Alerts | July 7, 2016 | Securities and Corporate Finance | Investor Activism

On June 14, 2016, the SEC issued an order increasing the net worth prong of the “qualified client” test from $2.0 million to $2.1 million, reflecting an adjustment for inflation.[1] This change will become effective on August 15, 2016. Section 205(a)(1) of the Investment Advisers Act of 1940, as amended (the “Advisers Act”), and Rule…

Client Alerts | July 7, 2016 | Securities and Corporate Finance | Hedge Funds

The Securities and Exchange Commission and the Department of Justice recently have sought to persuade companies to self-report violations of the Foreign Corrupt Practices Act. The SEC has announced non-prosecution agreements with two companies, Akamai Technologies and Nortek Inc., respecting bribes paid to Chinese officials by Chinese subsidiaries. Each U.S. company was required to disgorge…

Client Alerts | June 16, 2016 | Securities and Corporate Finance

Two recent decisions by bankruptcy courts, In re Lake Michigan Beach Pottawattamie Resort LLC, 547 B.R. 899 (Bankr. N.D. Ill. April 5, 2016) and In re Intervention Energy Holdings, LLC, case no. 16-11247 (Bankr. Del. June 3, 2016), have cast doubt on the viability of a strategy often used by lenders to undermine borrowers’ ability…

Client Alerts | June 15, 2016

In a much anticipated decision rendered just days ago – one which will have profound implications in the transactional world as well as in the courtroom – New York’s highest court refused to extend the so-called common interest privilege to communications between two or more parties and their counsel where there was no actual or…

Client Alerts | June 14, 2016

OVERVIEW This newsletter serves as our annual reminder of the requirement to file Reports of Foreign Bank and Financial Accounts (“FBARs”) where applicable. For calendar year 2015, FBARs are required to be filed on or before June 30, 2016. The form (which was known as Form TD F 90-22.1 before 2015) is known as FinCEN…

Client Alerts | May 31, 2016 | Hedge Funds

Upcoming Deadlines for Cayman Islands Funds (Including Cayman Master Funds) June 10, 2016, Notification: (extended from April 30, 2016) U.S. FATCA and U.K. FATCA Cayman Notification A Cayman fund (including a Cayman master fund) is required to notify the Cayman Islands Tax Information Authority (“TIA”) (via the Cayman portal) that it is a reporting financial…

Client Alerts | May 10, 2016 | Hedge Funds

On Monday, April 4, 2016 the U.S. Department of Justice (the “DOJ”) announced a civil antitrust lawsuit against certain ValueAct Capital (“ValueAct”) entities for allegedly violating the reporting and waiting period requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The DOJ’s Antitrust Division’s lawsuit seeks civil penalties and an injunction against…

Client Alerts | April 5, 2016 | Mergers & Acquisitions | Investor Activism | Hedge Funds