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1 week ago | 
openlegalblogarchive.org | Margaret Dale |Michael Hackett |William Komaroff |Joshua M. Newville |Todd J. Ohlms |Robert Pommer | +8 more
On May 12, 2025, the U.S. Department of Justice (DOJ) issued a memorandum outlining the Criminal Division’s enforcement priorities and policies for prosecuting corporate and white-collar crimes in the new Administration. Later that week, Matthew R. Galeotti, head of the DOJ’s Criminal Division, addressed the new policies in a speech at the SIFMA Anti-Money Laundering and Financial Crimes Conference.
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May 13, 2024 | 
mondaq.com | Mike Hackett |Stephen Hibbard |William Komaroff |Timothy W. Mungovan
In response to rising geopolitical tensions – from the
Middle East to the Taiwan Strait to the ongoing conflict in Ukraine
–the Biden Administration is increasingly using economic
incentives and sanctions to assist the United States' foreign
policy objectives or mitigate the risk of increased conflict.
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Apr 24, 2024 | 
lexology.com | Margaret Dale |Michael Hackett |Stephen Hibbard |William Komaroff |Timothy W. Mungovan |Dorothy Murray | +14 more
Big fund-raising rounds and high valuations have some wondering whether the AI sector is in a bubble in the nature of the dotcom boom. As of this writing, OpenAI is valued at over $80 billion; Amazon added another $2.75 billion to its investment in Anthropic; and even some very early-stage startups, like France-based Mistral AI, have racked up hundreds of millions in venture-capital funding at valuations over a billion dollars.
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Apr 23, 2024 | 
mondaq.com | Margaret Dale |Michael Hackett |Stephen Hibbard |William Komaroff
The SEC's new and proposed rules on cybersecurity and
cyber-incident reporting will have a dual impact on private
investment advisers and funds.
First, the proposal
by the SEC will impose cybersecurity related obligations on
investment advisers, registered investment companies and business
development companies, with a final rule in this sector (the
"adviser cybersecurity rule") expected in April 2024.
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Apr 19, 2024 | 
mondaq.com | Margaret Dale |Mike Hackett |Stephen Hibbard |William Komaroff
In its final Private Fund Adviser Rules adopted last year,
the SEC dropped one of the more controversial proposed
rules—the proposal to prohibit contractual exculpation or
indemnification provisions that would shield or indemnify the
adviser in matters involving the adviser's negligence or breach
of fiduciary duty. On its face, this was a concession to the fund
management industry.
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Apr 16, 2024 | 
mondaq.com | Margaret Dale |Michael Hackett |Stephen Hibbard |William Komaroff
Adviser-led secondary transactions have seen explosive growth
over the last five years. That growth has brought increased
regulatory concerns over the conflicts of interests inherent in
these transactions and a perceived lack of transparency into this
market. New SEC rules adopted in 2023 will arm regulators with
additional tools to identify, exam and investigate market
practices.
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Apr 11, 2024 | 
mondaq.com | Margaret Dale |Michael Hackett |Stephen Hibbard |William Komaroff
2023's excitement for generative artificial intelligence
(AI) prompted the SEC to respond on multiple fronts – stump
speeches, rulemaking, new exam priorities and sweeps and previewing
potential enforcement actions. SEC Chair Gary Gensler raised concerns regarding potential conflicts
and investor harm resulting from the proliferation of AI and warned
that an AI-caused financial crisis is nearly unavoidable absent regulation.
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Apr 5, 2024 | 
mondaq.com | Margaret Dale |Kevin Hackett |Stephen Hibbard |William Komaroff
ESG continues to be a hot topic for 2024 for investors and
regulators alike. The specific concerns investors and regulators
have – and what they expect to develop over the coming months
– differ, however, across jurisdictions, including because of
the different maturity of existing regulation between the EU/UK and
the US.
In the United States, although the highly politicized term
"ESG" is falling out of favor, the substance of ESG
related concerns and disclosure obligations are alive and well.
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Apr 4, 2024 | 
lexology.com | Margaret Dale |Michael Hackett |Stephen Hibbard |William Komaroff |Timothy W. Mungovan |Dorothy Murray | +15 more
2023’s excitement for generative artificial intelligence (AI) prompted the SEC to respond on multiple fronts – stump speeches, rulemaking, new exam priorities and sweeps and previewing potential enforcement actions. SEC Chair Gary Gensler raised concerns regarding potential conflicts and investor harm resulting from the proliferation of AI and warned that an AI-caused financial crisis is nearly unavoidable absent regulation.
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Apr 3, 2024 | 
mondaq.com | Margaret Dale |Stephen Hibbard |Michael Hackett |William Komaroff
Economic headwinds and the interest rate environment that
developed over the course of 2023 increased financial stress on
portfolio companies and portend heightened litigation risk in 2024
for portfolio companies and their private fund sponsors.
