Searching Content indexed under Finance and Banking by Timothy Mungovan ordered by Published Date Descending.
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SEC Fines Fund Manager $5 Million Over Undervaluation Of Assets
A recent action where the SEC focused on the presumably conservative undervaluation of assets suggests that it is more than willing to use valuation as a hook to deter "smoothing" of returns
United States
9 Jul 2019
The Top Ten Regulatory And Litigation Risks For Private Funds In 2019
An increasingly sophisticated and active OCIE division, innovative market disruptors, a maturing credit cycle, and a philosophical change in how the private fund industry views and utilizes litigation are likely to lead to increased regulatory scrutiny and litigation risk for advisers (and their funds) in 2019.
United States
28 Feb 2019
2018 Annual Review And 2019 Outlook Highlights Private Equity Fund Litigation Risk Areas
In our recently released 2018 Annual Review and 2019 Outlook for Hedge Funds, Private Equity Funds and Other Private Funds, we note that innovative market disruptors.
United States
23 Nov 2018
The Top Ten Regulatory And Litigation Risks For Private Funds In 2018
With the public equity markets at an all-time high and private equity fund raising setting new records, it might seem counterintuitive to forecast litigation and regulatory risks.
United States
12 Feb 2018
Outgoing SEC Chair Reflects On The Agency's Enforcement Program And Advocates For Increased Authority
On November 18, 2016, outgoing SEC Chair Mary Jo White delivered a speech at New York University School of Law entitled "A New Model for SEC Enforcement: Producing Bold and Unrelenting Results."
United States
2 Dec 2016
Fund Restructurings: How To Navigate A Conflict-Rich Environment
The number of private equity fund restructurings is likely to rise in the coming years.
United States
20 Oct 2016
Putting A Premium On Illiquidity: Some Reflections On The SEC's Scrutiny Of Valuation Practices And Disclosures
We expect that trend to continue and, if anything, the focus on valuation is likely to increase, especially as the market for unicorns shakes out.
United States
22 Aug 2016
SEC Whistleblower Enforcement Settlement Reminds Private Fund Sponsors To Review Organizational Policies And Procedures For Compliance With Governmental Whistleblower Programs
A recent SEC settlement of whistleblower charges should serve as a useful reminder for private fund sponsors to conduct a comprehensive review of their policies and procedures.
United States
15 Aug 2016
Whistleblower Concerns for Private Fund Advisers – Seven Mistakes To Avoid
As we have previously observed, private fund advisers face a difficult challenge when SEC guidance (in the form of a speech or a public enforcement order) indicates that certain long-standing practices may be contrary to the securities laws.
United States
28 Jun 2016
SEC Announces Settlement With Adviser Found To Have Acted As An Unregistered Broker And Engaged In Conflicted Transactions
On June 1, 2016, the SEC announced a settlement with Blackstreet Capital Management, LLC and Murry N. Gunty, Blackstreet's managing member and principal owner.
United States
8 Jun 2016
Portfolio Company Litigation: Some Practical Considerations For Board-Designees Of Private Funds
Individuals affiliated with private fund managers are increasingly being named as defendants in lawsuits involving fund portfolio companies.
United States
13 May 2016
Unicorns Under Scrutiny: The SEC Previews Its "Long Arm" Of The Law
As we previously discussed, SEC Chair Mary Jo White recently delivered the keynote address at the Silicon Valley Initiative hosted by the SEC-Rock Center for Corporate Governance at Stanford University.
United States
6 May 2016
SEC Sets Compliance Date For Pay-To-Play Rule's Ban On Third-Party Solicitation Of Government Entities
On June 25, 2015, the Securities and Exchange Commission (SEC) set a compliance date of July 31, 2015 for the ban on payments to third parties for the solicitation of advisory business from any government entity...
United States
29 Apr 2016
A Commonsense Explanation Of The SEC's Regulation Of Private Investment Funds
The SEC's regulatory strategy can be described as an attempt to create "community standards" for the private funds industry.
United States
29 Apr 2016
2016 Hot Topics For Private Fund Sponsors
This year, private investment funds are likely to face increased regulatory scrutiny and litigation risk. This is due to several market developments, including transparency and compliance initiatives of limited partners.
United States
28 Apr 2016
Regulatory And Litigation Hot Topics For Private Funds In 2016
Fees and expenses will continue to be a top enforcement priority for the SEC in 2016.
United States
2 Feb 2016
As Litigation Risk Increases, Private Equity Sponsors Should Re-Evaluate Their Professional Liability Insurance Programs
Private equity fund sponsors are facing increased litigation risk from regulators and private parties, including limited partners and stakeholders in portfolio companies.
United States
17 Nov 2015
Managing Litigation Risk: Critical Questions For Private Equity Professionals Serving On Portfolio Company Boards
Private equity funds, and individuals affiliated with fund sponsors, are increasingly being named as defendants in lawsuits involving their portfolio companies.
United States
12 Jan 2015
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