Just before we said goodbye to 2020, the Securities and Exchange Commission (SEC) finalized amendments to its advertising and solicitation rules under the Investment Advisers Act of 1940, as amended (Advisers Act). The SEC...more
Covering legal developments and regulatory news for funds, their advisers and industry participants through October of 2020. ...more
11/17/2020
/ Accredited Investors ,
Amended Regulation ,
Coronavirus/COVID-19 ,
Investment Management ,
OCIE ,
Proxy Voting ,
Retail Investors ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Regulation ,
Shareholders
Raising investment capital through private offerings has always been a challenge, especially for new and emerging investment managers. COVID-19 has exasperated this challenge by significantly limiting traditional means of...more
10/16/2020
/ Accredited Investors ,
Advertising ,
Capital Raising ,
Coronavirus/COVID-19 ,
General Solicitation ,
Investment Management ,
JOBS Act ,
Marketing ,
Private Placements ,
Regulation D ,
Rule 506(c) ,
Securities and Exchange Commission (SEC)
In this podcast, Greg Nowak, a partner in Troutman Pepper’s Investment Management and Compliance and Hedge Funds Practice Groups, is joined by Evan Katz, Managing Director of Crawford Ventures, Inc., for a candid review of...more
9/30/2020
/ Accredited Investors ,
Broker-Dealer ,
Capital Raising ,
CFTC ,
Compliance ,
Coronavirus/COVID-19 ,
Cross Trading ,
Cryptocurrency ,
Disclosure Requirements ,
Enforcement Actions ,
Financial Industry Regulatory Authority (FINRA) ,
Fund Expenses ,
Initial Coin Offering (ICOs) ,
Investment Management ,
Investors ,
Merchant Cash Advance (MCA) ,
Rule 506(c) ,
Securities and Exchange Commission (SEC) ,
Securities Transactions ,
Token Sales
RULEMAKING AND GUIDANCE -
SEC Adopts Amendments to Exemptive Applications Procedures -
On July 6, 2020, the U. S. Securities and Exchange Commission adopted rule amendments to establish an expedited review procedure...more
9/21/2020
/ Amended Rules ,
Compliance ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Ethics ,
Fiduciary Rule ,
Final Rules ,
Financial Institutions ,
Individual Retirement Account (IRA) ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Companies ,
Investment Management ,
New Rules ,
OCIE ,
Securities and Exchange Commission (SEC)
Pepper Hamilton partner Gregory J. Nowak hosted another virtual Investment Management and Private Funds Roundtable. Mr. Nowak was joined by Mark Dabertin, special counsel at Pepper Hamilton, to discuss the crossroads of alt...more
SEC Grants Additional COVID-19 Relief to Business Development Companies -
On April 8, the SEC issued an order granting relief to business development companies (BDCs) by permitting BDCs to issue and sell senior securities...more
6/17/2020
/ Business Development Companies ,
Closed-End Funds ,
Co-Investment Rights ,
Coronavirus/COVID-19 ,
Form ADV ,
Form CRS ,
Investment Company Act of 1940 ,
Investment Management ,
OCIE ,
Offerings ,
Regulation Best Interest ,
Relief Measures ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
WKSIs
Pepper Hamilton partner Gregory J. Nowak recently held a virtual Investment Management and Private Funds Roundtable. Mr. Nowak was joined by Genna Garver, partner at Troutman Sanders, to discuss a variety of current topics,...more
5/20/2020
/ Asset Management ,
Capital Raising ,
Coronavirus/COVID-19 ,
Enforcement Actions ,
Initial Coin Offering (ICOs) ,
Investment Adviser ,
Investment Funds ,
Investment Management ,
Paycheck Protection Program (PPP) ,
Private Funds ,
Securities Litigation ,
Term Asset-Backed Securities Loan Facility (TALF)
The Federal Reserve is restarting its Term Asset-Backed Security Loan Facility (TALF) program, which was very successful during the 2008 financial crisis. This program is designed to strengthen the market for asset-backed...more
Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Private Fund Services Practice Group, hosts a series of candid, interactive webinar discussions for West LegalEdcenter on what is going on...more
2/25/2020
/ Acquisitions ,
Asset Management ,
Copyright ,
Data Privacy ,
Intellectual Property Protection ,
Investment Firms ,
Investment Management ,
Investors ,
Mergers ,
Private Funds ,
Trade Secrets ,
Trademarks
SEC Proposes to Update Accredited Investor Definition to Increase Access to Investments -
On December 18, 2019, the Securities and Exchange Commission (SEC) proposed amendments to the definition of “accredited investor” in...more
1/27/2020
/ Derivatives ,
ETFs ,
Fiduciary Duty ,
Financial Markets ,
Form N-CEN ,
Form N-LIQUID ,
Form N-PORT ,
Global Code of Ethics ,
Investment Adviser ,
Investment Management ,
OCIE ,
Proposed Rules ,
Registered Investment Companies (RICs) ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Repurchase Agreements ,
Revenue Sharing ,
Risk Management ,
Rule 18f-4 ,
Rule 6c-11 ,
Rulemaking Process ,
Section 15(c) ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Share Classes ,
Wealth Management
Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Private Fund Services Practice Group, hosts a series of candid, interactive webinar discussions for West LegalEdcenter on what is going on...more
1/10/2020
/ Alternative Investment Funds ,
Asset Management ,
Brokerage Accounts ,
Brokers ,
Cyber Insurance ,
Cybersecurity ,
Data Management ,
Data Privacy ,
Data Protection ,
Data Security ,
Fund Managers ,
Hedge Funds ,
Intellectual Property Protection ,
Investment Companies ,
Investment Funds ,
Investment Management ,
Popular ,
Private Equity ,
Private Equity Firms ,
Private Equity Funds ,
Registered Funds ,
SMAs
Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Private Fund Services Practice Group, hosts a series of candid, interactive webinar discussions for West LegalEdcenter on what is going on...more
1/10/2020
/ Civil Monetary Penalty ,
Department of Justice (DOJ) ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Financial Industry Regulatory Authority (FINRA) ,
Fund Managers ,
Injunctions ,
Investment Firms ,
Investment Funds ,
Investment Management ,
Remediation ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Violations ,
Self-Reporting
Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Private Fund Services Practice Group, hosts a series of candid, interactive webinar discussions for West LegalEdcenter on what is going on...more
Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Private Fund Services Practice Group, hosts a series of candid, interactive webinar discussions for West LegalEdcenter on what is going on...more
1/9/2020
/ Accredited Investors ,
Annuities ,
Death Benefits ,
Estate Planning ,
Financial Services Industry ,
Hedge Funds ,
Insurance Industry ,
Investment Funds ,
Investment Management ,
Investors ,
Life Insurance ,
Private Funds ,
Qualified Purchaser ,
Retirement ,
Tax Exemptions ,
Tax Planning
SEC Adopts ETF Rule -
On September 25, 2019, the Securities and Exchange Commission (SEC) unanimously adopted Rule 6c-11 under the 1940 Act to modernize the regulation of exchange-traded funds by establishing a clear and...more
10/23/2019
/ Bank of New York (BNY) Mellon ,
Broker-Dealer ,
Disclosure Requirements ,
ETFs ,
Exchange-Traded Products ,
Exemptive Relief ,
Form N-1A ,
Investment Adviser ,
Investment Management ,
Mortgage Servicing Rules ,
No-Action Relief ,
OCIE ,
Popular ,
Prospectus ,
Proxy Voting Guidelines ,
Risk Alert ,
Rule 6c-11 ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Trading Platforms ,
Transparency
Covering legal developments and regulatory news for registered funds, their advisers and industry participants through June 30, 2019.
Auditor Independence With Respect to Certain Loans or Debtor-Creditor Relationships -
On...more
7/19/2019
/ Broker-Dealer ,
Capital Formation ,
Common Reporting Standard (CRS) ,
Conflicts of Interest ,
Duty of Care ,
Duty of Loyalty ,
ETFs ,
Fiduciary Duty ,
Financial Markets ,
Financial Services Industry ,
Form CRS ,
Investment Management ,
Investor Protection ,
Public Comment ,
Regulation Best Interest ,
Regulation S-X ,
Regulatory Standards ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Funds Services Practice Group, hosts a monthly webinar series for West LegalEdcenter.
This month, Mr. Nowak, is joined by Richard Juliano,...more
1/22/2019
/ Acquisitions ,
Appraisers ,
Asset Management ,
Buyouts ,
Carried Interest ,
Deferred Compensation ,
Employee Stock Purchase Plans ,
ESOP ,
Executive Compensation ,
Exit Strategies ,
Financial Planning ,
Hedge Funds ,
Interest Rates ,
Investment Management ,
Investors ,
Limited Liability Company (LLC) ,
Mergers ,
Profit Sharing ,
Reorganizations ,
S-Corporation ,
Stock Purchase Agreement ,
Strategic Planning ,
Suspicious Activity Reports (SARs) ,
Tax Cuts and Jobs Act ,
Tax Planning ,
Trustees ,
Valuation ,
Wage and Hour
Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Funds Services Practice Group, hosts a monthly webinar series for West LegalEdcenter.
This month, Mr. Nowak, is joined by Richard Juliano,...more
1/22/2019
/ Acquisitions ,
Appraisers ,
Asset Management ,
Buyouts ,
Carried Interest ,
Deferred Compensation ,
Employee Stock Purchase Plans ,
ESOP ,
Executive Compensation ,
Exit Strategies ,
Financial Planning ,
Hedge Funds ,
Interest Rates ,
Investment Management ,
Investors ,
Limited Liability Company (LLC) ,
Mergers ,
Profit Sharing ,
Reorganizations ,
S-Corporation ,
Stock Purchase Agreement ,
Strategic Planning ,
Suspicious Activity Reports (SARs) ,
Tax Cuts and Jobs Act ,
Tax Planning ,
Trustees ,
Valuation ,
Wage and Hour
In This Presentation:
- Trademarks – not just for consumer companies
- Strength of a Trademark: Categories
- Choosing a Trademark
- Obtaining Protection – Common Law Rights
- Obtaining...more
In This Presentation:
- Personnel Changes
- Insider Trading
- Pay to play prohibitions under fire
- F Squared – Administrative proceeding (December 22, 2014)
- Reliance Financial Advisors --...more
Investment Management Update - January 2015
This podcast is a recording of the January 2015 webinar that Pepper partner Gregory J. Nowak participated on for West LegalEdcenter.
Mr. Nowak discussed a regulatory outlook...more
Pepper Hamilton’s Julia D. Corelli and PEF Services’ Anne Anquillare and Mark Heil, joined Pepper’s Gregory J. Nowak for his monthly webinar which he hosts for West LegalEdcenter. This month the webinar discussed a recent...more
In This Presentation:
- History of Obama’s First Six Years
- Constitutional Constraints
- Several Rules That Wrankle
- Market Constraints
- Crystal Ball Prognostications
- Excerpt...more
12/12/2014
/ Affordable Care Act ,
Dodd-Frank ,
Employer Mandates ,
Financial Regulatory Reform ,
Great Recession ,
Hedge Funds ,
Investment Management ,
JOBS Act ,
Obama Administration ,
Quantitative Easing ,
TARP
Pepper partners Gregory J. Nowak and Angelo A. Stio III discussed data privacy and cybersecurity issues for investment funds during a recent webinar for West LegalEdcenter. This podcast is a recording of their...more
11/10/2014
/ Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data-Sharing ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Management ,
Personally Identifiable Information ,
Popular ,
Securities and Exchange Commission (SEC)