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2012 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 applicable to Investment Advisers.  The beginning of the year is a good time to review, consider…

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Crowdfunding and Other Recent Legislative Initiatives Focused on Capital Raising and Job Creation

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 smaller companies to raise capital and would lessen the regulatory burden on those companies.  Legislators have introduced eight…

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Reminder 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 identification number (LTID).  The filing is done electronically through the SEC’s EDGAR system. …

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Accounting for Cybersecurity: SEC Guidance on Disclosures to Investors and Regulators

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”), which is intended to instruct companies on whether and how to disclose the impact of the risk and cost of cybersecurity incidents…

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In re Southern Peru Copper Corporation–What Steps does a Special Committee Have to Take?

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 when considering a controlling stockholder transaction—form a special committee of disinterested, sophisticated directors, engage separate, independent financial and legal advisors,…