LawFlash/Client Alert | Securities LawFlash
Laura Hughes, Anthony Fassano
In 2011, the Supreme Court and the federal circuit courts issued a number of important decisions concerning securities fraud class actions. These decisions address pleading standards, statutes of limitations defenses, class certification, and a number of other critical topics.
LawFlash/Client Alert | Investment Management LawFlash
Michael Piracci, F. Mindy Lo, Laura Flores
Investment advisers operating registered investment companies and private funds that conduct more than a de minimis amount of speculative trading in futures, commodity options, and other commodity interests will no longer be exempt from registering with the CFTC as CPOs.
LawFlash/Client Alert | Investment Management LawFlash
Michael Piracci, F. Mindy Lo, Laura Flores
CFTC requests comments on proposed rules intended to harmonize certain CFTC and SEC disclosure, reporting, and recordkeeping requirements in an effort to mitigate the burden on registered investment companies required to comply with the two separate compliance regimes.
Presentation | Speech
Andrew Donohue
Topics discussed included: Dodd-Frank Act Rules Funds' use of derivatives Target Date Fund Rules Shareholder reports simplification more
LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Michael Richman, I. Lee Falk, Donald Myers, Craig Bitman, Daniel Kleinman
Final regulation provides a number of helpful clarifications and changes, but continues to impose what will be a highly burdensome disclosure framework.
Outside Publication | Article
Andrew Donohue
Morgan Lewis Title | White Paper
Investment Management Practice
This Outline highlights key U.S. Securities and Exchange Commission (the "SEC" or the "Commission") enforcement developments and cases involving investment advisers and investment companies during 2011. Summary of Key Statist... more
LawFlash/Client Alert | Class Actions LawFlash
Litigation Practice
Second Circuit sidesteps Concepcion and holds that the ability to enforce federal statutory rights mandates that a plaintiff be allowed to pursue a class action in court notwithstanding the parties' agreement to mandatory arbitration.
LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Michael Richman, Donald Myers, Daniel Kleinman
Final regulation on required disclosures by plan service providers extends deadline for disclosures to July 1, 2012.
LawFlash/Client Alert | Securities LawFlash
Alex Kaplan, E. Andrew Southerling, Shaina Stahl, Sarah Nilson, David Snider, Casey Cohen, Ben Indek, Julia Miller, Charles Manice, Ivan Harris, Anne Flannery, Katarzyna Mularczyk, John Matthews, Kevin Rover, Julie Marcacci, Todd Smith, Kerry Land, Mary Dunbar, Nicholas Losurdo, Rahul Rao
In 2011, the SEC and FINRA continued their vigorous enforcement of the securities laws, resulting in an increase in enforcement cases brought against broker-dealers, with a 60% increase in such SEC enforcement actions and a 13.5% increase in FINRA disciplinary actions since 2010.
Presentation | Speech
Anne Flannery, Andrew Donohue, Jennifer Klass, Steven Stone
Morgan Lewis Title | White Paper
E. Andrew Southerling, Shaina Stahl, Casey Cohen, Ben Indek, Julia Miller, Charles Manice, David Snider, Anne Flannery, Katarzyna Mularczyk, John Matthews, Kevin Rover, Julie Marcacci, Todd Smith, Ivan Harris, Kerry Land, Mary Dunbar, Nicholas Losurdo, Rahul Rao
This Outline highlights key U.S. Securities and Exchange Commission (the "SEC" or the "Commission") and Financial Industry Regulatory Authority ("FINRA") enforcement developments and cases regarding broker-dealers during 2011. ... more
Morgan Lewis Title | White Paper
Stephen Mahinka, Kenneth Kliebard, Kelly Moore, Ivan Harris, Christian Mixter, Kathleen Collins, Joanna Hendon
On January 4, President Obama, via a recess appointment, installed Richard Cordray as the Director of the Consumer Financial Protection Bureau (CFPB or the Bureau). The appointment was the latest battle in what promises to be a "... more
Presentation | Speech
W. John McGuire
Morgan Lewis partner, W. John McGuire, will serve as a panelist, presenting Spotlight on ETFs at the ICI Securities Law Developments Conference, Washington, D.C. more
LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Employee Benefits and Investment Management Practices
The U.S. Department of Labor (DOL) has adopted a final regulation to implement the statutory exemption from the prohibited transaction rules of the Employee Retirement Income Security Act of 1974, as amended (ERISA), for the pro... more
LawFlash/Client Alert | Securities LawFlash
Sa Liao, David Sirignano, Howard Kenny
On November 17, Institutional Shareholder Services Inc. (ISS), a leading provider of corporate governance solutions to the global financial community, released its final 2012 updates to its proxy voting guidelines, which will be... more
LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
Benjamin Klein, Tiffany Johnson
At the 26th annual National Conference on the Foreign Corrupt Practices Act (FCPA), held November 8 and 9, 2011, officials from the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) stressed that both ... more
LawFlash/Client Alert | Investment Management LawFlash
John O'Brien, Monica Parry, Ethan Johnson
On October 26 and October 31, the U.S. Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC), respectively, approved rules that will require certain investment advisers to report extensive info... more
LawFlash/Client Alert | Investment Management and Restructuring LawFlash
Joshua Blackman, Robert Mendelson
On October 31, the Securities Investor Protection Corporation (SIPC) filed for a protective order under the Securities Investor Protection Act (SIPA) for MF Global Inc., a company registered jointly as an Securities and Exchange... more
LawFlash/Client Alert | Investment Management LawFlash
John O'Brien, Ethan Johnson
On October 11 and 12, several federal agencies jointly released proposed rules that would implement the so-called "Volcker Rule."[1] The Volcker Rule, which prohibits "banking entities" from... more
LawFlash/Client Alert | Energy LawFlash
Mark Haskell, Fred Fielding, Levi McAllister
On October 18, the Commodity Futures Trading Commission (CFTC) issued a Final Rule codifying regulations that establish limits on speculative positions in 28 physical commodity futures contracts traded pursuant to the rules of a... more
LawFlash/Client Alert | Investment Management LawFlash
Investment Management Practice
On October 11, the Financial Stability Oversight Council (the Council) released a second notice of proposed rulemaking and proposed interpretive guidance for determining whether a nonbank financial company would be subject to th... more
Outside Publication | Article
R. Dawson, Sheryl Orr
Presentation | Speech
Andrew Donohue, John O'Brien, P. Georgia Bullitt, Christian Mixter, Timothy Levin, Joseph Floren, W. John McGuire, Thomas Harman, David Sirignano, Michael Piracci
LawFlash/Client Alert | Investment Management LawFlash
Christopher Menconi, Andrew Donohue, P. Georgia Bullitt, Joseph Yanoshik, Sean Graber, Timothy Levin, W. John McGuire, Thomas Harman, John O'Brien, Laura Flores, Michael Piracci
At an open meeting on August 31, the Securities and Exchange Commission (SEC) unanimously voted (4-0) to approve the issuance of a Concept Release on the regulatory framework governing the use of derivatives by investment compan... more