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David Peavler, Evan Singer, and Sidney Smith McClung have written a mid-year roundup for Bloomberg Law of the Securities and Exchange Commission's enforcement activities so far in 2024. Click below to download the article. #SEC #securitieslaw #capitalmarkets

I’m pleased to share our highlights of SEC Enforcement at the midway point of fiscal 2024. Of particular interest is the trend of parties beating the SEC to the punch by suing it in federal court before it can bring charges or, in some instance, even open an investigation. Our Bloomberg Law article discusses these developments and more.

I’m pleased to share our highlights of SEC Enforcement at the midway point of fiscal 2024, which recent developments around Artificial Intelligence (AI), off-channel communications, gatekeepers, and parties who are preemptively suing in the SEC in federal court before it can bring charges or, in some instance, even open an investigation.  Our Bloomberg Law article discusses these developments and more.

The Fifth Circuit Court of Appeals has vacated the SEC’s Private Fund Advisers Rule, citing the SEC exceeded its authority and lacked a close nexus to anti-fraud aims. Despite this, expect continued SEC scrutiny on investment managers' disclosure practices. https://lnkd.in/ecq4Gufj   #SEC #PrivateFundsRule #InvestmentManagement #AkinPrivateCapital

On June 5, 2024, the Fifth U.S. Circuit Court of Appeals vacated the SEC's Private Fund Advisers Final Rule, citing the SEC's lack of statutory authority. This decision has significant implications for private funds and their advisers. Our latest alert authored by Paul Foley, John Faust, Brittany Puckett, Kiki Scarff, and James Severs provides a detailed analysis of the ruling and its impact on the industry. #LegalUpdate #PrivateFunds #SEC #Regulation https://lnkd.in/g6UgqpxT

My colleagues, David Peavler, Evan Singer, and Sidney Smith McClung have written a mid-year roundup for Bloomberg Law of the Securities and Exchange Commission's enforcement activities so far in 2024. Click below to download the article. #SEC #securitieslaw #capitalmarkets

My colleagues, David Peavler, Evan Singer, and Sidney Smith McClung have written a mid-year roundup for Bloomberg Law of the Securities and Exchange Commission's enforcement activities so far in 2024. Click below to download the article. #SEC #securitieslaw #capitalmarkets

As we work our way through the 2024 AGM season, I'm sure we will hear more about the role of proxy advisers in determining voting outcomes. Firms such as ISS and Glass Lewis clearly have a role to play in supporting investors with their stewardship responsibilities, but the concern I hear more often than not is that the recommendations made are on a "comply or else" basis, rather than a "comply or explain" one. With the FRC fully endorsing the "comply or explain" approach to the new UK Corporate Governance Code, and looking for companies to provide an appropriate narrative should they decide to adopt a different, but more suitable approach for them, the question remains - will the proxy advisers support any deviation from the Code?

SEC enforcement partner M. Lance Jasper shares his thoughts on an SEC enforcement action that bears the hallmarks of insider trading, but asserts procedural violations under the Investment Advisers Act. Lance, leveraging his insights fresh out of SEC enforcement, highlights the nuances of this case. For more insights, watch the full discussion.   #MNPI #SECEnforcement #Compliance #InvestmentManagement #RegulatoryInsights #CorporateGovernance #LegalAdvice

Former First Allied Securities broker Timothy Connor faces accusations of unsuitable recommendations, with a pending complaint spanning 2018 to 2021. At Erez Law, we're here to navigate the complexities and fight for your financial justice. Learn more about investment loss here: https://bit.ly/3R7Vwa3