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Investment Fund Law Blog

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Q&A – Guiding Governance: Clarifying the Practice of Family Enterprise Governance

Contributed by: The Family Office Association The Family Office Association is pleased to contribute its latest Q&A “white paper” regarding family enterprise governance to the Investment Funds Law Blog.  The Q&A has contributions from James Grubman, Ph.D. and Dennis Jaffe, Ph.D., two of the world’s leaders on the topic of…

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SEC Hammers Private Equity Fund Manager

Last month, the Securities and Exchange Commission (the “SEC”), published its examination priorities for 2013.  As we suggested in our Blog posting at that time, the SEC is fixated on examining and bringing enforcement against its newest class of investment adviser – managers of private equity funds.  Fast forward four…

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SEC Issues Additional Guidance Regarding the Custody Rule After Finding Wide Spread and Varied Non-Compliance By Investment Advisers

Last week the SEC issued a Risk Alert and an Investor Bulletin on the Custody Rule after its National Examination Program (“NEP”) observed significant deficiencies in recent examinations involving custody and safety of client assets by registered investment advisers.  The stated purpose of the Risk Alert was to assist advisers…

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Supreme Court Finds No Fraud Exception to Five-Year Statute of Limitations for Government Lawsuits Seeking Civil Penalties

Written by 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 and Exchange Commission to extend a statute of limitations by invoking a “discovery rule.” The SEC had proposed that, in an action by the…

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Private Equity: Blindsided by the FCPA– Hedging Against Anti-Corruption Deal Risk

Written by:  G. Derek Andreson, James L. Kelly, Christopher M. Zochowski, and Ryan R. Sparacino This article was also published in Law360. Until a few years ago, private equity firms enjoyed relative insulation from regulatory scrutiny of overseas acquisitions and the operations of multi-national portfolio companies. No longer is that…

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SEC Examinations Target Private Equity and Hedge Fund Managers for 2013

On February 21, 2013, the Staff of the Securities and Exchange Commission (the “Staff” and the “SEC,” respectively) published its 2013 priorities for the National Examination Program (“NEP”) in order to provide registrants with the opportunity to bring their organizations into compliance with the areas that are perceived by the…

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Jay Gould on Starting a Hedge Fund in 2013

  Pillsbury partner Jay Gould talks about Challenges and Opportunities for Starting a Hedge Fund in 2013, a program co-sponsored by the law firm, and why he thinks 2013 will indeed be a good year for hedge fund managers. Learn more: https://www.pillsburylaw.com/investment-funds-and-investment-management

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FINRA 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 designed for prospective crowdfunding portals under the Jumpstart our Business Startups Act (the “JOBS Act”), which was enacted on April…

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ANNUAL COMPLIANCE OBLIGATIONS–WHAT YOU NEED TO KNOW, February 6, 2013

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 state (“Investment Adviser”) should be aware of. See upcoming deadlines below and in red throughout this document. The following is…

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Regulatory Challenges for Chief Compliance Officers

Pillsbury will be hosting back-to-back programs this month on compliance and regulatory challenges facing Chief Compliance Officers.  The first program will be held on February 27, 2013 at Pillsbury’s San Francisco office.  The second program will be held on February 28, 2013 at Pillsbury’s Los Angeles office.  Each program will…