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Annual Letter: 2019

This is our annual letter briefly reviewing various issues that our investment adviser clients should consider over the next few…

Employee Invention Assignment Agreements

Start-up companies that are looking to raise funds will often need to answer questions regarding the intellectual property ownership rights…

Attorney’s Fees Awarded In DTSA Action For Not Immediately Dismissing Objectively Specious Misappropriation Claim

The District Court for the Northern District of California recently issued an order awarding partial attorneys’ fees to a defendant…

Opportunity Zones

Our clients have expressed significant interest in the new “Qualified Opportunity Zone” (“Qualified Zone”) tax incentives created by The Tax…

The Music Modernization Act Promises Welcome Changes to Copyright Laws

In mid-September, the U.S. Senate, in a rare bipartisan effort, unanimously passed the Music Modernization Act (the “MMA”), implementing a…

Death of the DOL Fiduciary Rule

On April 8, 2016, the Department of Labor (the “DOL”) issued a new regulation that expanded the definition of an…

GDPR – May 25, 2018 Effective Date

The General Data Protection Regulation (GDPR) is a new data privacy and security initiative adopted by the EU that is…

The Interstate Commerce Requirement of the Defend Trade Secrets Act

The two year anniversary of the enactment of The Defend Trade Secrets Act of 2016 (the “DTSA”) will occur next…

Reminder of NAV Decline Triggers

Given the recent market volatility, we thought we would remind you about NAV decline triggers in your agreements with counterparties. …

Annual Letter: 2018

This is our annual letter briefly reviewing various issues that our investment adviser clients should consider over the next few…

Recently Signed Tax Reform Bill

The President has signed the Tax Cuts and Reform Bill, which among other things changes the treatment of the “carried…

Upcoming DOL Fiduciary Rule Compliance Deadline

Department of Labor Fiduciary Rule to Take Effect June 9, 2017 The U.S. Department of Labor (“DOL”) regulation that expands…

Inadvertent Custody

The SEC recently clarified when an investment adviser will be deemed to have custody of client assets in certain separate…

Upcoming Deadline for Form SHC

Investment managers that hold non-U.S. securities (including interests in offshore master funds) for their own accounts or the accounts of…

Annual Letter: 2017

This is our annual letter briefly reviewing various issues that our investment adviser clients should consider over the next few…

The Department of Labor Fiduciary Rule’s Effect on Investment Adviser Marketing Practices and Rollover Recommendations

On April 10, 2017, the U.S. Department of Labor (“DOL”) final regulation (the “Final Regulation”) that redefines what constitutes “investment…

SEC Amendments to Form ADV

The SEC recently adopted amendments to Form ADV (the “Amendments“) that modify the requirements of Part 1A of Form ADV…

Performance Related Books and Records Rule Amendments

The SEC focuses closely on the calculation and distribution of performance information, including through examinations of investment advisers conducted by…

Co-Investments

Increasingly, hedge funds are emulating their private equity counterparts by making what are commonly referred to as “co-investments.”  Occasionally, a…

New Department of Labor Regulation

New Regulation. On April 8, 2016, the U.S. Department of Labor (“DOL”) issued its long-awaited final regulation redefining what constitutes…

New Employee and Independent Contractor Notice Requirements

The federal Defend Trade Secrets Act (the “DTSA”) became effective on May 11, 2016.  It permits companies to pursue a…

Proposed SEC Rules Regarding Continuity and Succession Planning

On June 28, 2016, the SEC proposed new Rule 206(4)-4 and amendments to Rule 204-2 under the Advisers Act that…

SEC Raises “Qualified Client” Net Worth Threshold Effective August 15, 2016

The U.S. Securities and Exchange Commission (the “SEC”) has raised the net worth threshold under the “performance fee rule” from…

Demystifying Private Placement Laws – Part 2: Blue Sky Laws

The term “Blue Sky Laws” refers to the laws of U.S. states that prohibit the fraudulent sale of securities. This…

Trademark Protection

Summary. We encourage you to consider obtaining federal trademark protection for the names and logos of your advisory firm and…