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Federal Judge Upholds ERISA ESG Rules

On September 21, 2023, a federal court in the Northern District of Texas (the “Court”) dismissed a challenge to the Department of Labor’s 2022 Investment Duties Rule (the “Rule”) allowing fiduciaries plans under the...more

Regulatory Rule Revival: Massachusetts’ High Court Validates Heightened Broker-Dealer Fiduciary Standard

With a ruling issued on August 25, 2023, the Supreme Judicial Court of Massachusetts (the “Massachusetts Supreme Court”) revived the Massachusetts fiduciary duty rule (the “Rule”) that raises the fiduciary standard for...more

Why the California Privacy Rights Act (CPRA) Matters for Investment Advisers, Broker-Dealers and Other Financial Professionals

The California Privacy Rights Act (“CPRA”), also known as Proposition 24, became effective on January 1, 2023. Rather than acting as a complete overhaul of the California Consumer Privacy Act (“CCPA”), the CPRA further...more

SEC Adopts Rules for Public Companies and Foreign Private Issuers on Cybersecurity Risk Management and Incident Disclosures

On July 26, 2023, the Securities and Exchange Commission (the “SEC”) adopted new rules (the “Rules”) that will require public companies and foreign private issuers to disclose material cybersecurity incidents within four...more

Recent Take-Aways Involving the Marketing Rule Sweep and Enforcement Activity

On June 8, 2023, the Security and Exchange Commission’s (“SEC’s”) Division of Examinations (the “Division”) published a Risk Alert (the “Alert”) announcing “additional areas of emphasis” during the next leg of sweep...more

Incorrect “Fee Waiver” Formula Leads to Multi-Million Dollar Penalty

On June 16, 2023, the Securities and Exchange Commission (“SEC”) issued a press release announcing a $2.5 million settlement order of an enforcement action (the “Order”) against a multi-trillion dollar registered investment...more

SEC’s First Liquidity Rule Enforcement Action Signals New Focus

On May 5, 2023, the Securities and Exchange Commission (the “SEC”) announced its first enforcement action against an investment adviser for violations of Rule 22e-4(b) (the “Liquidity Rule”) of the Investment Company Act of...more

SEC Adopts Amendments to Form PF

On May 3, 2023, the Securities and Exchange Commission (the “SEC”) adopted a new rule (the “Rule”) that amends Form PF, the confidential reporting form for certain SEC-registered investment advisers to privately-offered...more

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