The SEC has released the text of its proposed new rules for implementing the whistleblower provisions of Section 21F of the Securities Exchange Act of 1934: Release No. 34-63237. In fashioning these proposed rules, the Commission has considered and weighed a number of potentially competing interests that are presented in implementing the statute. Among them [...]
Proposed Rules for Implementing the Whistleblower Provisions From Dodd-Frank
on November 3, 2010 in SEC News, Whistleblower
Is a Fund Manager an Investment Adviser?
on November 3, 2010 in Investment Advisers Act
Yes, for private investment funds, the general partner is generally considered an investment adviser under the Investment Adviser Act. Let’s start with the definition of an investment adviser from the Investment Advisers Act: “any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the [...]
Voting and Compliance
on November 2, 2010 in Compliance Programs
The midterm elections are upon us, which means you get to vote for your next congressman and about a 1/3 of the senators are up for election and most of you get to vote for your senator. Don’t forget the state and local elections. In many states that means employers must allow their employees to [...]
Legal Enterprise 2.0 Success Story
on November 1, 2010 in Enterprise 2.0, Publish to KM Space
Penny Edwards of Headshift shares a Legal Enterprise 2.0 Success Story. Matthew Arnold & Baldwin LLP, a regional firm in the United Kingdom, put the firm’s intranet, “The Cube”, up for the Law Society’s Excellence in Innovation Awards. The firm came away with a Shortlisted Award. The Cube is Matthew Arnold & Baldwin LLP’s adoption [...]
Investment Advisers and Business Continuity Plans
on November 1, 2010 in Compliance Programs
When an investment adviser is designing its policies and procedures you need to identify the risks for their firm so they address those risks. A big risk is missing an applicable requirement under the regulatory scheme. So you sit down with the regulations and tie them to your specific policies and procedures. An easy one [...]
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