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Pennsylvania Pension Review Commission Releases Final Report

The Pension Review Commission has determined its recommendations to improve the management and performance of the state’s largest public pension systems A Pennsylvania commission—tasked with evaluating and making...more

ISDA Publishes Results of Benchmark Fallbacks Consultation as Sunset Looms for LIBOR

The Situation: The International Swaps and Derivatives Association, Inc. ("ISDA") has announced the preliminary results of its market consultation concerning the fallbacks rates to be relied on upon cessation of certain...more

Novel Suit by Kentucky Pension Beneficiaries Continues

A Kentucky court decided in favor of the beneficiaries of Kentucky's Public Retirement System by striking down a motion to dismiss their suit, which alleges that administrators and their advisors breached their fiduciary...more

Trial Loss Unlikely to Significantly Alter CFTC Efforts to Police Market Manipulation

The Situation: Judge Richard Sullivan of the Southern District of New York ("SDNY") recently issued a post-trial decision in a market manipulation action brought by the Commodity Futures Trading Commission ("CFTC") in...more

PSERS Creates Fee-Related Committee and Asks it to Deliver its Findings in the Next Six Months - The Committee will deliver its...

At its October 2018 meeting, the Pennsylvania Public School Employees' Retirement System ("PSERS") Board passed a resolution that created an ad hoc committee to look into fee-related issues. The committee will hold its first...more

Pennsylvania’s Commission Continues to Probe the Value of Active Management

Pennsylvania's Commission was told at the September hearing regarding the PSERS and SERS probe that $3.8 billion in investment fees have gone unreported. The Commission in Pennsylvania that has been focusing on the...more

CFTC Announces Insider Trading Task Force and New Insider Trading Case

Commodity brokerage firms need to be vigilant as the CFTC signals increased policing and prosecution of insider trading. The Commodity Futures Trading Commission ("CFTC") filed a complaint on September 28, 2018, in the...more

SIDRU Judgment: Hedging Transaction Not Rendered Speculative Even if It Exposes Party to Unlimited Risk

The Context: In the wake of the Saint-Leu-la-Forêt decision of May 28, 2018, France's Court of Cassation issued an important decision on structured swaps concerning legal actions brought by public authorities against banks...more

Pennsylvania's Imminent Report on Investment Fees: What's Coming Next?

The schedule for review of the investment strategies of the Public Employees' Retirement System and School Employees' Retirement System just became accelerated. At its hearing on July 30, 2018, Pennsylvania's...more

PSERS Takes Action to Reduce Fees Paid to External Investment Managers

This development represents just one aspect of the ongoing debate over active versus passive asset management. Earlier this month, Pennsylvania's largest public pension fund, the Public School Employees' Retirement System...more

PA Commission Scrutinizes Active Management of Public Pension Assets

Will this—and similar review in other states—lead to major litigation and regulatory activity? Active management of pension fund assets, and the associated fees generated for advisory firms, has come under scrutiny in...more

Recent Second Circuit Decisions Assess Territorial Reach of Securities and Commodities Laws

The Situation: The Second Circuit has issued two decisions in recent months that have addressed whether the U.S. securities and/or commodities laws can be applied to transactions with significant foreign ties. Each of these...more

Supreme Court Dismisses Important Securities Case on Issue Likely to Arise Again

On June 18, 2018, the U.S. Supreme Court dismissed Leidos v. Indiana Public Retirement System, a securities case that raised important and unsettled issues about the scope of liability under Section 10(b) of the Securities...more

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