In re Southern Peru Copper Corporation--What Steps does a Special Committee...
Written by Jonathan J. Russo and Meredith Ervine At first glance, Southern Peru Copper Corporation (Southern Peru) and its special committee (Committee) appeared to do what they were supposed to do...
View ArticleAccounting for Cybersecurity: SEC Guidance on Disclosures to Investors and...
Written by John L. Nicholson On October 13, the Securities and Exchange Commission (SEC) Division of Corporation Finance released CF Disclosure Guidance: Topic No. 2 - Cybersecurity (the “Guidance”),...
View ArticleReminder Re Form 13H Filing
Written by Ildiko Duckor An entity that meets the definition of a “Large Trader” after October 3, 2011 must file its initial Form 13H with the SEC by December 1, 2011 to be assigned a large trader...
View ArticleCrowdfunding and Other Recent Legislative Initiatives Focused on Capital...
Written by Louis A. Bevilacqua, Joseph R. Tiano, Jr., David S. Baxter, Ali Panjwani and K. Brian Joe This article summarizes various legislation introduced in Congress that would make it easier for...
View Article2012 Annual Compliance Obligations: What You Need To Know
Written by: Ildiko Duckor and Peter Chess In light of the current regulatory environment, now more than ever, it is critical for you to comply with all of the legal requirements and best practices...
View ArticleCFTC Eliminates Key CPO Registration Exemption - What does this Mean for Fund...
Written by Jay Gould, Michael Wu and Peter Chess The Commodity Futures Trading Commission (the “CFTC”) recently amended its registration rules regarding Commodity Pool Operators (“CPOs”) and Commodity...
View ArticleJOBS Act Targets Smaller Business Capital Raising
By: Louis A. Bevilacqua, Joseph R. Tiano, Jr., David S. Baxter, Ali Panjwani and K. Brian Joe On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act (JOBS Act), a...
View ArticleJOBS Act Gives Confidential Review Option for U.S. Emerging Growth Company IPOs
by Joseph J. Kaufman New guidance outlines key rules for the new confidential review option for initial public offerings by emerging growth companies in the United States. The Jumpstart Our Business...
View ArticlePrivate Funds and the JOBS Act
Written by: Jay B. Gould, Michael Wu and Peter Chess Note: Pillsbury and KPMG, along with the California Hedge Fund Association, will be sponsoring a “Managers Only” event on the JOBS Act and the new...
View ArticleEstate and Gift Tax Planning Opportunities Scheduled to "Sunset" on December...
Under current gift tax law, any individual may make a gift of up to $5.12 million this year to the individual’s children, grandchildren and other beneficiaries without paying gift tax. Any gift in...
View ArticleLimiting Private Equity Fund Exposure to the ERISA Obligations of Portfolio...
By Peter J. Hunt, Susan P. Serota, Matthew C. Ryan1 In welcome news for private equity (“PE”) funds, a recent district court opinion determined that two PE funds and their bankrupt portfolio company...
View ArticleBeware Fund Managers Seeking Capital from U.S. Investors (and vice versa)
Written by: Jay Gould The Securities and Exchange Commission (the “SEC”) recently charged and entered into consent decrees with four India-based brokerage firms for providing brokerage services to...
View ArticleNFA Guidance on Annual Affirmation of CPO/CTA Exemption
The NFA recently issued a notice entitled “Guidance on the Annual Affirmation Requirement for those Entities that are currently operating under an exemption or exclusion from CPO or CTA registration.”...
View ArticleDodd-Frank Protocol Carries Burdens and Benefits for Pension Plans
Written by: Jeffrey Stern, Dulcie D. Brand and Anthony H. Schouten The Commodity Futures Trading Commission has issued new “know your customer” and external business conduct rules to give effect to...
View ArticleHow Officers and Directors of Financial Intermediaries Can Avoid Personal...
By Joseph T. Lynyak III and Rodney R. Peck This Alert analyzes steps that officers and directors of bank and non-bank financial companies and their holding companies and affiliates can take to address...
View ArticleAmerican Taxpayer Relief Act of 2012
By: Jennifer Jordan McCall, Ellen Harrison, Elizabeth Fry, Kim Schoknecht, Melinda Barker and Hiram Powers-Heaven On New Year’s Day 2013, to avoid the so-called “fiscal cliff,” Congress passed the...
View ArticleFinal FATCA Regulations Amplify Broad Sweep of Legislation for Securities and...
This article was published by Wolters Kluwer in its February 2013 Special Report. The Treasury and IRS have adopted final regulations implementing the Foreign Account Tax Compliance Act (FATCA). The...
View ArticleANNUAL COMPLIANCE OBLIGATIONS--WHAT YOU NEED TO KNOW
As the new year is upon us, there are some important annual compliance obligations Investment Advisers either registered with the Securities and Exchange Commission (the “SEC”) or with a particular...
View ArticleFINRA Issues Voluntary Interim Form for Crowdfunding Portals
Written by: Louis A. Bevilacqua On January 10, 2013 the Financial Industry Regulatory Authority (“FINRA”) issued a voluntary Interim Form for funding portals (the “Interim Form”). The Interim Form is...
View ArticleSupreme Court Finds No Fraud Exception to Five-Year Statute of Limitations...
Written by David M. Furbush, Sarah Good and Bruce A. Ericson The U.S. Supreme Court’s recent decision in Gabelli v. Securities Exchange Commission (Feb. 27, 2013) rejects an attempt by the Securities...
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