On March 30, 2022 the Division of Examinations of the United States Securities & Exchange Commission published the 2022 Examination Priorities. As in other years, the 2022 Examination Priorities document provides certain data regarding the scope of the examination program and the growth of the investment adviser community ...
On Feb. 9, 2022 the SEC proposed rules related to cybersecurity risk management for investment advisers and registered investment companies, as well as amendments to certain rules that govern adviser and fund disclosures ...
On Jan. 27, 2022 the SEC Division of Examinations issued a Risk Alert providing observations of examination staff relating to advisers to private funds. The Risk Alert provides additional observations in follow up to the Division of Examinations June 23, 2020 Private Fund Adviser Risk Alert. The Jan ...
On April 26, 2022 the Division of Examinations of the United States Securities & Exchange Commission published a Risk Alert detailing investment adviser deficiencies related to Section 204A of the Advisers Act and Rule 204A-1 under the Advisers Act ...
The SEC Division of Examinations (the “Division”) issued a Risk Alert on March 27, 2023 detailing observations from examinations of newly-registered investment advisers. The Risk Alert provides information about the typical focus areas reviewed during examinations of newly-registered investment advisers. It also provides observations regarding compliance policies and procedures, disclosures and marketing practices ...
The SEC Division of Examinations issued a Risk Alert on December 5, 2022 detailing observations from examinations of investment advisers and broker-dealers related to compliance with Regulation S-ID ...
On Nov. 10, 2021, the SEC Division of Examinations issued a Risk Alert regarding an advisory fees examination initiative (the Initiative). The Division of Examinations conducted 130 examinations of investment advisers focused on advisory fees, predominantly those charged to retail investors. This Risk Alert supplements the Advisory Fee Risk Alert issued by the Division of Examinations on April 12, 2018 ...
On Nov. 10, 2021, the SEC Division of Examinations issued a Risk Alert regarding an advisory fees examination initiative (the Initiative). The Division of Examinations conducted 130 examinations of investment advisers focused on advisory fees, predominantly those charged to retail investors. This Risk Alert supplements the Advisory Fee Risk Alert issued by the Division of Examinations on April 12, 2018 ...
Diversity has been a trending topic for the last years. It shows that we, as a society, are acknowledging the past practices of our industries in which one small group of individuals have a platform to thrive and grow within our institution while other groups might have a harder time. There are exceptions to this rule, but it is undisputable that for certain people due to their sex, sexual orientation, race, religion, etc. it’s harder to break the glass ceiling ...
The District Court for the Southern District of New York recently rejected the notion of a “holistic” approach to materiality, instead zeroing in on the government’s continued payment of claims despite knowledge of non-compliances as proof positive those non-compliances were not material. In United States ex rel. Kolchinsky v. Moody’s Corp ...
On Tuesday, November 30th, the United States District Court for the Eastern District of Kentucky issued a preliminary injunction halting the government's enforcement of the federal contractor vaccine mandate on federal contractors and subcontractors in Kentucky, Ohio, and Tennessee. A copy of the decision is attached ...
On Tuesday, November 30th, the United States District Court for the Eastern District of Kentucky issued a preliminary injunction halting the government's enforcement of the federal contractor vaccine mandate on federal contractors and subcontractors in Kentucky, Ohio, and Tennessee. A copy of the decision is attached ...
Most employers are familiar with Glassdoor, Inc.’s website, which allows current and former employees to post anonymous reviews of an employer. But Glassdoor is often a thorn in the side of employers because many negative posts are the result of disgruntled employees or competitors seeking an advantage in recruiting ...
April 5, 2023 By: Julian Gurule Turmoil in the tech ecosystem and escalating sentiment that a recession in the U.S. might occur in the near-term, indicate that startups, their lenders, and investors may soon confront extreme financial challenges – and will force all stakeholders in a troubled venture to consider strategic options ...
Even in a difficult commodity price environment, acquisition transactions can produce lucrative opportunities for buyers of oil and gas interests and creditor relief for sellers. One type of transaction in particular provides an opportunity for distressed sellers not only to avoid bankruptcy, but also eliminate the greatest amount of debt possible that is secured by its oil and gas properties ...
Recent technological innovations and advancements in drilling and completion techniques have led to an unprecedented expansion of natural gas production by large and midsize exploration and production companies. This expansion created competition for wild cat acreage as well as producing properties, putting lessors and co-owners (the “non-operators”) at a distinct advantage in negotiating the terms of leases, farmout agreements and joint operating agreements (“JOAs”) ...
By a vote of seven justices, with three inhibiting, one absent, and four dissenting, the Supreme Court – in a decision penned by J. Perez and promulgated last June 25, 2013 – dismissed this petition for certiorari assailing the earlier Resolutions of public respondent COMELEC which ordered the cancellation of petitioner’s Certificate of Candidacy (CoC) for the position of Representative of the lone district of Marinduque ...
The primary issue in the three (3) consolidated cases involving San Roque Power, Taganito Mining and Philex Mining decided last February 12, 2013 revolves around the proper period for filing the judicial claim for refund or credit of creditable input tax ...
2023 was largely characterised by macroeconomic volatility and heightened geopolitical tension. Due to this, many companies are now facing unexpected legal disputes after finding themselves or their contractual counterparties in distressed situations. Disputes Day 2024 will therefore focus on Disputes and Distressed Parties. The event will be organised on 19 March and it aims to provide practical insights to help companies navigate the complexities of legal disputes ...
Article by Anne Coulon, Regional Legal Adviser, DFDL Thailand This article considers the various modes of dispute resolution used the most in Thailand, with particular reference to several key industry sectors of Thailand. Even where significant commercial interests are at stake, a dispute need not necessarily lead to an all-out confrontation. The opposing parties may attempt to settle their dispute through negotiation, and sometimes, mediation ...
The COVID-19 pandemic with contact restrictions and travel bans also poses challenges for civil proceedings. In the future, the functionality in pandemic times could be the material factor for the choice between state courts and arbitral courts because flexibility and options for responding to the COVID-19 pandemic are varying. State court proceedings Despite the COVID-19 restrictions, court deadlines must still be met ...
On April 12, 2013, the N.C. Supreme Court stepped into the ongoing dispute regarding the 7.2 percent rate increase sought by Duke Energy and approved by the North Carolina Utilities Commission (NCUC) in January 2012. Duke initially sought a 12 percent rate increase, but eventually entered into a settlement with the North Carolina Public Staff, setting the rate at 7.2 percent. Duke contended that it needed the higher rates to cover $4 ...
Kudun and Partners successfully represented Energy Absolute Public Company Limited (“EA”), one of the leading producers of alternative energy products using modern technology, in connection with the disposition of 100% investment in E Transport Holding Co., Ltd., a subsidiary of EA, consisting of nine subsidiaries and an associate company, via a highly complicated process of Entire Business Transfer (EBT) to Thai Smile Bus Co., Ltd ...
In the course of the Corona crisis, a large number of companies have introduced short-time work. Funded by statutory unemployment insurance, short-time work is an instrument of labour market policy and pursues the aim of preserving jobs. This does not mean, however, that dismissals during a period of short-time work are legally excluded. In particular, dismissals based on personal grounds and conduct that are not related to short-time work remain possible ...
In Ismail v Life Entabeni Hospital, the Commission for Conciliation, Mediation and Arbitration (“CCMA”) had to decide whether an employee had been unfairly discriminated against on the basis of her religion as a result of the employer’s “bare below the elbow” policy (“BBE policy”) which did not permit the wearing of long sleeves by those employees working in general wards and the ICU ...
