Yesterday, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit vacated the “Private Funds Rules,” which the Securities and Exchange Commission (the “SEC”) adopted on August 23, 2023. The opinion of the...more
As a reminder, the Securities and Exchange Commission (SEC) and the National Association of Private Fund Managers (NAPFM) and the other Petitioners in the Private Funds Rules Litigation1 requested that the three-judge panel...more
5/22/2024
/ Appeals ,
Dodd-Frank ,
Fraud ,
Fund Managers ,
Investment Adviser ,
Private Funds ,
Retail Investors ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Securities Violations
On December 1, 2022, the US Court of Appeals for the Second Circuit vacated a district court’s certification of a nationwide class of 8,000+ retirement plans serving hundreds of thousands of participants in an ERISA action...more
12/8/2022
/ Appeals ,
Class Action ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Federal Rules of Civil Procedure ,
Fiduciary Duty ,
Loans ,
Predominance Requirement ,
Retirement Plan ,
TIAA CREF ,
Vacated
On March 30, 2020, 10 years to the day after the Supreme Court issued its decision in Jones v. Harris, 559 U.S. 335 (2010), the U.S. Court of Appeals for the Sixth Circuit issued the first published federal appellate decision...more