Investment Management Law
A Service of Cipperman & Company LLC (www.cipperman.com)
Investment Management Law: Category Archive for Funds

Federal Court Vacates SEC Rule Requiring Shareholder Nominations

Federal Court Dismisses CDO Fraud Case Based on Transactional Locus

SEC Pursues Trustee for Allowing Unauthorized Investments

SEC Sues Head of Collateral Manager for Omissions in Structured Product Offering Docs

Fair Valuation Failures Result in $100 Million in Fines and Restitution for Mutual Fund Sponsor

Supreme Court Says that Investment Adviser Can’t Be Sued for Misleading Fund Prospectus

No-Action Letter Allows Registered Fund to Acquire Foreign Funds

SEC Proposal Would Prohibit Reliance on Reg D by Bad Actors

SEC Chairman Confirms that Fund Manger Registration Will Wait Until 2012

Massachusetts Files Complaint Against Hedge Fund Manager for Use of Expert Network Firm

SEC Official Says that Private Fund Adviser Compliance Date May Be Postponed to 2012

Federal Court Dismisses Class Action Claims Against Fund Sponsor

SEC Claims Hedge Fund Lied to Directors, Administrator and Investors

FINRA Expels Hedge Fund Manager over Valuation Issues

SEC Proposal Would Saddle Directors with Assessing Credit for Money Market Funds

SEC Sues Hedge Fund Manager for Mis-Use of Side Pockets

SEC Sues Independent Directors for Accounting and Disclosure Fraud

SEC Blames Weak Compliance Program for IPO Disclosure and Allocation Missteps

SEC Sues Unregistered Adviser to Unregistered Fund with Non-US Investors

Federal Court Rules that Fund-of-Funds Investor Can’t Sue Underlying Funds

SEC Proposes Rule Excluding Home Value from Accredited Investor Definition

SEC Proposes Extensive Reporting for Hedge and Private Equity Funds

SEC Adopts ABS Disclosure and Review Rules

SEC Pursues Fund Execs for Misleading Marketing Activities

SEC Sues Hedge Fund Sponsor for Mis-Classifying Org Expenses

Receiver Claims Law Firm’s Malpractice Caused Investor Losses

SEC Won’t Allow Private Funds to Use Non-PCAOB Audit Firms

Fund Tax Rules Changing

NASAA Proposes State Registration for 3(c)(1) Fund Managers

Federal Court Grants Summary Judgment to Fund Company in Excessive Fee Case

Fund Company Not Liable for Market Timing Thanks to Good Faith Efforts

SEC Threatens Independent Directors with Enforcement Actions over Fund Fees

SEC Staff Says that 1940 Act Trumps State Takeover Statute

SEC/DOJ Argue that Fund Sponsors are Liable for Prospectus Statements

IM Staff Says that Boards Cannot Delegate Review of Affiliate Transactions to CCO

Fund Sponsor Fined for Failing to Comply with Custody Rule

No-Action Relief Allows Private Funds to Retain Current Auditors

Department of Labor Sues Madoff Feeders and Managers

SEC Sues Hedge Fund Manager for Over-Valuing Side-Pocket Securities

Private Equity Exec to Pay Nearly $1 Million for Over-Valuing Investments

SEC Pursues Multi-Strat Manager for Claiming Safety and Diversification

Court Requires Showing of Stock Price Movement to Allow Class Action

Ninth Circuit Rejects Private Suits Against Funds Under 13(a)

SEC Staff Tells Fund Boards to Hold Action on NRSROs Due to Dodd-Frank

SEC Staff Tells Funds to Review Derivatives Disclosures

SEC Proposes a Complete Overhaul of Fund Distribution Fees

Dodd-Frank Eliminates Private Adviser Exemption

SEC’s Proxy Voting Release Includes More Fund Voting Disclosure

SEC Charges CDO Manager with Overpaying for MBS to Protect Clients and Inflate Fees

SEC Proposal Would Ban Suitability Statements in Fund Ads

FASB Proposal Would Require Brokerage Costs in Expense Ratio

Shareholder Proposal to Convert Closed-End Fund Must be Included in Proxy

Mutual Fund Portfolio Manager Sued for Tipping Family Members

Donohue Says SEC is Considering IFRS for Fund Industry

Auditor of Madoff Feeder Wins Motion to Dismiss Claims

Donohue Considering Summary Annual Reports

Law Firm and other Secondary Actors Not Liable to Investors

Private Equity Fund Manager and Principal of Investee Company Charged

Investment Bank Sued for Failing to Disclose Client’s Role in CDO

Court Says that Fund May Not Change Industry Classifications Without Shareholder Vote

Collective Fund Platforms to be Reviewed, Donohue Says

SEC Launches Valuation Action Against Fund Sponsor, Portfolio Manager, and Fund Accounting Head

Supreme Court Vacates Gallus Decision Which Required Comparison to Institutional Fees

Supreme Court Creates Enhanced Gartenberg Standard for Fund Fees, Raises Plaintiff’s Burden

SEC Probing Repos and Securities Lending

SEC Brief Argues for Expansion of Shareholder Approval of Concentration Changes

SEC Examining Use of Derivatives; Will Not Approve Leveraged ETFs

Fund Required to Include Shareholder Proposal about Valuation

SEC Alleges Hedge Fund Sponsor Invented Sham Administrator and Auditor

NASDAQ Intends to Eliminate Press Releases Where Issuer Files 8-K

Donohue Says that Venture and Private Equity Fund Managers Should Register

SEC Sues “Absolute Return” Manager for Volatile, Undisclosed Trading Strategies

Bank to Pay Over $600 Million for Misleading Collective Fund Investors

IDC Issues Sub-Adviser Oversight Report

SEC Adopts New Rules to Regulate Money Market Funds

Senior Fund Exec Charged with Insider Trading of Fund Shares

Hedge Fund Sponsor Liable for Sub-Adviser’s Fraud, SEC Argues

Large Fund Manager Exonerated in Excessive Fee Case

New Disclosure Rules for Fund Directors and Boards

House Passes Legislation Requiring Private Fund Adviser Registration and Fiduciary Standard for Brokers

CP Facility Contemplated for Mutual Fund Loans

SEC Enforcement Director Calls Out Audit Committee Members

Hedge Fund Managers Acquitted in Sub-Prime Fund Failure; SEC Action Continues

Mutual Fund Sponsor to Pay Over $34 Million in Fines/Disgorgement for Commission Recapture Program

Schapiro Wants 1940 Act for ABS

Kanjorski Bill Requires Private Fund Adviser Registration; Allows SEC Disclosure Rules

IDC/ICI Report Shows Increasing Board Independence

Exemption Sought for Co-Investment by Registered and Un-Registered Funds

SEC Adopts Interim Rule for Money Market Fund Reporting

DoL Allows Use of Summary Prospectus for DC Plans

Exemptive Application Seeks Permission for Multi-Class Closed-End Fund

SEC Allows Foreign Funds to Expand Investments in U.S. Funds

Third Circuit Rules that Feeder Fund Manager Must Register as CPO if it Invests in Underlying Commodity Pools

Federal Judge Rules that Hedge Fund is Bound by Terms of ISDA Docs in CDS Dispute

SEC Votes to Propose Big Changes to Money Market Funds

Large Mutual Fund Manager to Pay Over $40 Million for Mis-Pricing MBS for Fund’s NAV

Fund Administration Officers to Disgorge Some Compensation in SEC Settlement

Fund Manager to Pay over $6 Million for Misleading Board and Investors about High Fees

SEC Proposes Requiring Funds to Include Shareholder Nominees in Director Proxies

SEC Sues Money Market Fund Sponsor for Misrepresentations to Board and Shareholders