On March 19, 2025, the SEC Staff published two Marketing Rule FAQs that address some of the more challenging aspects of the Marketing Rule requirement to present net performance information. Specifically, the FAQs provide a...more
3/31/2025
/ Compliance ,
Disclosure Requirements ,
Investment Advisers Act of 1940 ,
Investment Management ,
Marketing ,
New Guidance ,
Portfolio Managers ,
Private Equity Funds ,
Private Funds ,
Registered Investment Advisors ,
Securities Regulation
On March 12, 2025, the SEC Division of Corporation Finance published a no-action letter that facilitates compliance with Regulation D Rule 506(c), which permits general solicitation, for offerings with certain minimum...more
On January 23, 2025, the U.S. Supreme Court granted the government’s motion to lift the nationwide injunction against enforcement of the Corporate Transparency Act (CTA) in Texas Top Cop Shop v. McHenry (formerly, Texas Top...more
1/29/2025
/ Administrative Procedure Act ,
Appeals ,
Beneficial Owner ,
Compliance ,
Constitutional Challenges ,
Corporate Transparency Act ,
FinCEN ,
Injunctive Relief ,
Preliminary Injunctions ,
Reporting Requirements ,
SCOTUS ,
Stays
On December 26, 2024, a three-judge “merits panel” for the U.S. Court of Appeals for the Fifth Circuit vacated the December 23, 2024, order issued by a separate three-judge “motions panel,” which had granted the government’s...more
On December 23, 2024, the United States Court of Appeals for the Fifth Circuit granted the U.S. government’s motion for a stay of a preliminary (nationwide) injunction of the Corporate Transparency Act (“CTA”) pending appeal....more
On December 3, 2024, the United States District Court for the Eastern District of Texas entered a nationwide preliminary injunction against the enforcement of the Corporate Transparency Act (“CTA”) and its implementing...more
12/9/2024
/ Corporate Transparency Act ,
Department of Justice (DOJ) ,
Enforcement ,
Financial Crimes ,
FinCEN ,
First Amendment ,
Fourth Amendment ,
Preliminary Injunctions ,
Reporting Requirements ,
Texas ,
Unconstitutional Condition