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Investment Fund Law Blog

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SEC Approves Confidential Private Fund Systemic Risk Reporting

Written by Jay Gould On October 26, 2011, the SEC adopted a new rule requiring SEC-registered advisers to hedge funds and other private funds with at least $150 million in private fund assets under management to report information to the Financial Stability Oversight Council (“FSOC”) to enable it to monitor…

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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,…

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PILLSBURY HONORED FOR SERVICE TO HEDGE FUND INDUSTRY

Pillsbury named “best” law firm at HFM Week’s U.S. Hedge Fund Services Awards New York—Premier hedge fund publication HFM Week honored Pillsbury with its “Best Onshore Law Firm – Client Service” award, at the magazine’s annual U.S. Hedge Fund Services Awards ceremony in New York. This marks the third consecutive year…

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Proposed “Volcker Rule” Regulations Provide Banks a Broad Exemption for Liquidity Management

Written by Michael Ouimette On October 11, 2011, the Federal Financial Regulators published for public comment a jointly proposed regulation implementing the so-called “Volcker Rule” requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Volcker Rule generally contains two prohibitions, both of which are subject to certain…

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Investment Fund Law Blog Nominated as Top 25 Business Law Blog – We need your vote!

If you have found the IFLB helpful and informative, please vote for us and provide comments at LexisNexis at http://www.lexisnexis.com/community/corpsec/. We appreciate your support and hope to continue to provide you with the latest developments in our industry! LexisNexis Corporate & Securities Law Center Staff lexisnexis.com  Each year, LexisNexis honors…

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Registered Fund Solutions Roundtable

  A MANAGERS-ONLY EVENT RSVP NOW !  Thursday, October 27, 2011 3:30 – 4:00pm Registration 4:00 – 5:30pm Presentation 5:30 – 6:30pm Reception Pillsbury’s San Francisco office 50 Fremont Street San Francisco, CA 94105 How can hedge fund managers that seek more efficient methods for raising capital avail themselves of…

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California Pay-To-Play Rule: SB 398 signed into law and is effective immediately

Written by Jay B. Gould and Michael Wu On October 9, 2011 Governor Brown signed into law Senate Bill 398 which is intended to clarify the current law regarding placement agents and lobbyist requirements. In 2009, AB 1584 was enacted.  AB 1584 imposed disclosure requirements for investment placement agents associated…

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SEC Issues Risk Alert on Master/Sub-account Risks

Written by Michael Wu On September 29, 2011, the SEC’s examination staff issued a Risk Alert warning of significant concerns regarding trading through sub-accounts, and offered suggestions to help securities industry firms address these risks.  In the alert, the staff identified certain risks associated with the master/sub-account trading model such…

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Filing Fees for Exempt Reporting Advisers and Private Fund Advisers

Written by Michael Wu The SEC is recommending filing fees related to the new report filing on Form ADV for exempt reporting advisers and Form PF filing for private fund advisers.  The filing fee for exempt reporting advisers is expected to be $150 for each initial and annual report on…

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European Regulators Extend Ban on Short Selling

Written by Michael Wu Market regulators in France, Italy, Spain and Belgium, in coordination with the European Securities and Markets Authority (ESMA), have decided to extend their current short selling ban that was enacted on August 11, 2011.  A summary of the action taken by each regulator is summarized below.…