News & Analysis as of

Conflicts of Interest

Morrison & Foerster LLP

SEC Staff Offers Guidance on Disclosure Requirements for Crypto Asset Exchange-Traded Products

On July 1, 2025, the Staff of the Division of Corporation Finance (the “Staff”) of the U.S. Securities and Exchange Commission (SEC) released new guidance on disclosure requirements for offerings and registrations of...more

BCLP

So, You Want To Join A Public Company Board

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Retired senior executives often receive, or seek out, public company directorships as the next step in their journeys. Before accepting, they should carefully evaluate key areas to make sure they are prepared for the...more

Conn Maciel Carey LLP

Workplace Romance: Beyond the Headlines

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With the internet ablaze over the recent apparent outing of a workplace romance among executives during a Coldplay concert, employers may be reviewing the legal implications of workplace relationships and considering options...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Conflicts, Evaluations, Materiality - Law 360

This month’s Bid Protest Roundup focuses on three recent protests from the U.S. Government Accountability Office (GAO). The first protest involves an organizational conflict of interest, the second pertains to oral...more

Lowenstein Sandler LLP

The Importance of Complying with Private Fund Documents for Affiliate Transactions

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Private fund advisers continually balance their ongoing responsibility to ensure that the funds they advise comply with such funds’ governing documents and their responsibility to ensure their own compliance with applicable...more

Holland & Knight LLP

SEC Scorches New Mexico Investment Advisers for Allegedly Defrauding Elderly Clients

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The SEC on June 2, 2025, filed a complaint against David A. Nagler and New Line Capital LLC (Defendants) in the U.S. District Court for the District of New Mexico for allegedly breaching their fiduciary duties and defrauding...more

Farrell Fritz, P.C.

Private Equity’s Plan B: Navigating the Exit Drought with Continuation Funds

Farrell Fritz, P.C. on

In a typical bull market, private equity sponsors exit out of portfolio assets through IPOs, strategic sales and sponsor-to-sponsor buyouts. But the 2025 deal market has proven to be neither typical nor robust....more

Bergeson & Campbell, P.C.

White House OSTP Issues Agency Guidance for Gold Standard Science 

On June 23, 2025, the White House Office of Science and Technology Policy (OSTP) announced that it issued agency guidance for implementing Gold Standard Science in the conduct and management of scientific activities. As...more

Thomas Fox - Compliance Evangelist

Daily Compliance News: July 11, 2025, The What is a COI Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News....more

Holland & Knight LLP

Restructuring Law Firms Through Management Service Organizations

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For decades, healthcare providers have formed or contracted with management services organizations (MSOs) to assist them with the "administrative challenges associated with running their business. MSOs are often able to...more

Jackson Lewis P.C.

Hiring Former Government Employees: Legal Risks + Other Considerations for Contractors

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For government contractors, one consequence of the Trump Administration’s efforts to reduce the size of the federal workforce is the availability of recently departed (or actively looking to depart) government employees. This...more

Compliance and Ethics: Ideas & Answers

Codes of conduct: Actual, apparent and potential conflicts of interest

Preventing and mitigating conflicts of interest (COI) is a mainstay of many corporate compliance and ethics (C&E) programs. And because there is no all-embracing COI legal regime (the way there is for, e.g., antitrust),...more

Foley & Lardner LLP

Board Dynamics in Venture-backed Startups

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In a venture-backed startup, the composition of the Board of Directors plays a pivotal role. The selection of board members impacts the organizational balance of power, decision-making processes, investor confidence, and the...more

Fox Rothschild LLP

OCIs: Recent GAO Decision Provides Insight on How to Successfully Challenge an Agency’s Investigation of Organizational Conflicts...

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The Federal Acquisition Regulation (FAR) generally requires contracting officials to identify and evaluate organizational conflicts of Interest (OCIs) as early as possible in a procurement. The FAR also requires the procuring...more

Pillsbury - Bid Protest Debrief

Conflict Confirmed: GAO Sustains Rare OCI Protest in Army Cyber Procurement

In DirectViz Solutions, LLC, B-423366, et al. (June 11, 2025)​, DirectViz Solutions protested the Army’s issuance of a task order to Peraton for cybersecurity information technology support services for the Army’s Global...more

Walkers

Privy Council clarifies secured party’s duty when realising security

Walkers on

The Privy Council has clarified that the duty of care to "obtain the best price reasonably obtainable" in the sale of secured collateral does not require a secured party to improve an asset before sale to obtain the best...more

PilieroMazza PLLC

Managing Litigation Risk During the Business Lifecycle, Part 5: Fiduciary Duties

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Litigation risk is an unavoidable aspect of running a business, but with thoughtful planning, exposure can be significantly reduced. From contractual disputes to employment disputes, potential legal challenges can arise at...more

Wiley Rein LLP

Fourth Circuit: “Bump-Up” Exclusion Applies When Settlement Seeks to Cure Harms Associated with Undisclosed Conflict of Interest...

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The United States Court of Appeals for the Fourth Circuit, applying Virginia law, has affirmed a district court’s ruling that a “bump-up” provision in a D&O policy applied to bar indemnity coverage for the settlement of...more

Pillsbury - Bid Protest Debrief

DISA Award Upheld Despite Massive Price Gap: GAO Says Sticker Shock Isn’t Enough

In AIX Tech, LLC, B-423417, et al., June 11, 2025, AIX Tech protested the award by the Defense Information Systems Agency (DISA) of a task order to Defense Solutions Group (DSG) for strategic advisory support services,...more

Bradley Arant Boult Cummings LLP

6 Tips for Government Contractors to Avoid, Neutralize, and Mitigate Organizational Conflicts of Interest

Organizational conflicts of interest (OCIs) continue to be a critical compliance risk in the federal contracting landscape. The Federal Acquisition Regulation (FAR) mandates that contracting officers “avoid, neutralize, or...more

Dorsey & Whitney LLP

SEC Withdraws 14 Proposed Rules

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On June 12, 2025, the SEC formally withdrew 14 rule proposals, all but one of which were introduced during Gary Gensler’s tenure as SEC Chair. The SEC did not provide a reason for the withdrawals but stated that if it decides...more

Robins Kaplan LLP

The Robins Kaplan Spotlight, Vol. 10 No. 2 - June 2025

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The Spotlight strives to provide a forum to discuss the latest news and compelling issues impacting fiduciaries and those to whom fiduciaries owe duties. Whether you are an officer, director, trustee, beneficiary, trust...more

Proskauer - The Capital Commitment

Three Risks to Monitor in Private Credit

Private credit has become an essential source of financing globally, with fund sponsors enjoying strong demand from borrowers, market participants, and investors.  However, as the industry’s “golden age” continues, regulatory...more

Proskauer - The Capital Commitment

End of (Fund) Life Issues

Amid a challenging environment for exits, especially in the wake of the recent market volatility, private fund managers continue to pursue alternative strategies, such as term extensions and liquidity solutions, to ride out...more

Proskauer - Regulatory & Compliance

SEC Formally Withdraws Fourteen Rule Proposals

On June 12, 2025 the Securities and Exchange Commission (“SEC”) formally withdrew fourteen outstanding rule proposals issued by the prior administration. Although most observers doubted that the current Commission would adopt...more

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