Timothy Clark

Jun 6, 2024 | jdsupra.com | Timothy Clark |Kimberly Hamm |Adam D. Kanter

On June 5, 2024, a three-judge panel of the Fifth Circuit Court of Appeals (the “Fifth Circuit”) unanimously vacated the rule1 adopted by the US Securities and Exchange Commission (the “SEC”) to enhance the regulation of “private fund”2 advisers (the “Final Rule”). The Final Rule, adopted under the Investment Advisers Act of 1940, as amended (“Advisers Act”), on August 23, 2023, would have caused a significant change to the regulation and operation of private funds.

Feb 28, 2024 | hbr.org | Timothy Clark

It’s one thing to lead through a normal range of uncertainty with its ups and downs. But how do you lead when the inflections, disruptions, dislocations, and other threat conditions pile up, as they have in the last few years? While the leader has little to no control over the external competitive environment, they have astonishing influence over the internal performance environment, including employee engagement, morale, and productivity.

Dec 7, 2023 | hbr.org | Timothy Clark

Innovation requires deviation. In fact, every aspect of innovation, radical or slight, begins with at least a small dose of constructive dissent, some kernel of an idea to shake up the system. But shaking up the system is the easy part. It’s not the system that fossilizes, gets territorial, and pushes back — it’s humans who stand in the way of subsequent progress. In fact, the deeper the attachment to the status quo, the greater the willful blindness to its growing irrelevance.

Aug 25, 2023 | mondaq.com | Adam D. Kanter |Tram Nguyen |Timothy Clark |JoonBeom Pae

On August 23, 2023, the US Securities and Exchange Commission (the "SEC") adopted final rules imposing additional obligations on and restricting certain practices by advisers to "private funds" (the "Final Rules").

Aug 24, 2023 | lexblog.com | Adam D. Kanter |Tram Nguyen |Timothy Clark |JoonBeom Pae |Timothy B. Clark |Peter M. McCamman | +5 more

On August 23, 2023, the US Securities and Exchange Commission (the “SEC”) adopted final rules imposing additional obligations on and restricting certain practices by advisers to “private funds” (the “Final Rules”). Ahead of our in-depth analysis of the Final Rules, we summarize in this Legal Update certain high-level differences between the Final Rules and the proposal that was issued on February 9, 2022, and note several general takeaways. Read our Legal Update.