News & Analysis as of

Client Funds

Stange Law Firm, PC

The no-money excuse in initial consultations

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In initial consultations, some potential clients may claim that they do not have the funds to hire you. It could be that the potential client paid a consultation fee to meet you. You might have spent much time answering their...more

Freiberger Haber LLP

Enforcement News: Misappropriation of Client Funds and Stock Manipulation

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It should come as no surprise that one of the goals of an investment fraud is the theft of customer funds for the scammer’s personal benefit. In legal parlance, this aspect of a fraudulent investment scheme is called...more

Lowenstein Sandler LLP

Slew of Recent SEC Enforcement Actions: Guidance for Registered Investment Advisers

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On September 5, the U.S. Securities and Exchange Commission (SEC) announced enforcement actions against five investment advisers for violating Rule 206(4)-2 (the Custody Rule) and Rule 204-1(a) (the ADV Reporting Rule) of the...more

Seward & Kissel LLP

SEC Settles Charges Against Investment Adviser for Improper Fixed Income Securities Trading

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Quick Take: The SEC charged an investment adviser in connection with improper trading in certain fixed income securities. The SEC’s order alleges that the adviser improperly traded the securities between advised clients,...more

Bradley Arant Boult Cummings LLP

Considering A Private Company New Year Investment? Pay Close Attention to Risks Posed by Potential Red Flags

The public markets were down last year, and private company values also took a hit. So, is now a good time for a new investment in a private company? The best answer is it depends. There is never a bad time to invest in a...more

DarrowEverett LLP

The Good, the Bad and the Ethical: Mortgage Fraud on the Rise?

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In a matter of months, several well-known individuals in real estate have been convicted of and/or charged with fraud or similar crimes relating to the theft of client funds. The summary below highlights a few of those cases...more

Proskauer Rose LLP

Regulation of Custodial Practices Under the Investment Advisers Act of 1940 Rule 206(4)-2

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Regulation of Custodial Practices under the Investment Advisers Act of 1940 is a comprehensive outline summarizing SEC regulatory requirements for investment advisers that have custody of their client’s assets (or that want...more

Wilson Sonsini Goodrich & Rosati

SEC-Proposed Amendments Regarding ESG Disclosures: Considerations for Fintech-Oriented Investment Advisers

Newly proposed environmental, social, and governance (ESG)-related amendments to Form ADV under the Investment Advisers Act of 1940 (Advisers Act) underscore the need for federally regulated investment advisers to fully...more

K&L Gates LLP

Halifax Update: "Unique" Joint Sitting of Trans-Tasman Courts

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A joint hearing between the Federal Court of Australia (FCA) and the High Court of NZ (NZHC) has broken new ground. In proceedings brought by the liquidators of Halifax Investment Services Pty Ltd (In Liquidation) (Halifax...more

Lowenstein Sandler LLP

2020 and Q1 2021 Developments And Annual Compliance Checklists

Summaries of recent legislative and regulatory developments with respect to: •The SEC’s Examination Priorities for 2021- •The SEC’s Focus on Digital Asset Securities- •The SEC’s New Marketing Rule... ...more

Freeman Law

The Federal Tax Law and Lawyers

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In many respects, operating a law firm is no different than any other business. Specifically, the law firm generates revenues through providing services to its clients and incurs various operating expenses throughout the...more

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