Paul Atkins, the nominee for SEC Chair, recently testified before the Senate Banking Committee in a hearing that covered how he could reshape the agency’s priorities. The alert below examines Atkins’ testimony on issues affecting the funds industry, including the
Latest from The Capital Commitment - Page 4
Beyond the Deal: How Do You Expect SEC Exams and Enforcement to Evolve in 2025?
As we head further into 2025, the landscape of SEC exams and enforcement is poised for significant shifts. How will the SEC adapt to emerging trends and evolving market dynamics? In the first issue of Beyond the Deal in 2025,
2024 SEC Enforcement Results – Takeaways for Fund Managers
On November 22, 2024, the SEC’s Division of Enforcement announced its Enforcement Results for Fiscal Year 2024. Below are some key takeaways for fund managers:
- Total enforcement actions were down from recent years. The Commission brought 583 total enforcement actions
Harris’s Running Mate Announcement: Pay-to-Play Rule Implications for Investment Advisers
As reported today, Vice President Harris has announced Tim Walz, the sitting governor of Minnesota, as her running mate. This announcement is particularly significant for investment advisers due to the Advisers Act Political Contributions Rule, otherwise known as the “pay-to-play”
Unrepresentative Returns: SEC Sanctions Hedge Fund Manager for Misleading Marketing Practices
On June 14, 2024, the SEC announced an enforcement action settlement with a Pennsylvania-based hedge fund manager for violating the Marketing Rule under the Investment Advisers Act. The SEC found that the adviser had misled investors by advertising a hedge
Mid-Year Enforcement Update: SEC’s Continued Focus on Private Funds in 2024
As we reach the midpoint of 2024, the SEC’s enforcement actions continue to shape the private funds industry. From the continuing off-channel recordkeeping sweep to heightened scrutiny on AI claims, fiduciary obligations of fund managers, and insider trading, the SEC
Key Steps for Fund Managers to Avoid Scrutiny Under the SEC’s Pay-to-Play Rule
The SEC’s recent settlement involving a “pay-to-play” rule violation by a private equity firm is a timely reminder for fund managers, especially with the November elections approaching.
As a refresher, Rule 206(4)-5 of the Investment Advisers Act – known as
How Governmental Carrots and Sticks Impact Private Investment in Defense Tech and the Security Ecosystem
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
The Macro-Economic Environment: What It Means for VC Firms
Hope for a resurgence during 2024 in Venture Capital fundraising, investment, and returns was strong at the beginning of this year, with optimism fueled by the recovery in 2023 of U.S. stock markets (lead by the performance of large tech
Is Artificial Intelligence Inflating a Valuation Bubble?
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