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Conflicts of Interest

Society of Corporate Compliance and Ethics...

[Event] Basic Compliance & Ethics Academy - June 23rd - 26th, Brussels, Belgium

Ideal for practitioners who want to build strong foundational knowledge of compliance program management and how to apply that knowledge in practice. Attendees will come away better prepared to support, enhance, and manage a...more

Goodell, DeVries, Leech & Dann, LLP

Attorneys Must Clarify Their Role to Clients

Earlier this year, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 514 addressing a lawyer’s obligations for advising an organizational client when the advice might also be relied...more

K&L Gates LLP

Europe: UK’s FCA Intensifies Scrutiny on Private Markets Valuations

K&L Gates LLP on

The UK’s Financial Conduct Authority has published the findings of its multi-firm review of valuation processes for private market assets. This review follows the highlighting of vulnerabilities in private markets stemming,...more

A&O Shearman

Great Fund Insights: Co-Investing 101: shared risk, shared reward

A&O Shearman on

A challenging fundraising environment, the rise in M&A activity and the capital requirements necessary to bridge funding gaps are key developments which have led fund managers to increase their offering of co-investment...more

Troutman Pepper Locke

First Circuit Questions Materiality in SEC's Case Against Commonwealth Equity Services

Troutman Pepper Locke on

On April 1, the U.S. Court of Appeals for the First Circuit vacated a summary judgment ruling in favor of the Securities and Exchange Commission (SEC) against Commonwealth Equity Services, LLC, also known as Commonwealth...more

Seyfarth Shaw LLP

Six Essential Tips for Navigating Mergers & Acquisitions (M&A) in Government Contracts

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In honor of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for successfully navigating Mergers & Acquisitions (M&A) in government contracting. The...more

Mayer Brown

Delaware Law Alert: A Step-by-Step Approach for Boards Evaluating Conflicted Director, Officer, and Controlling Stockholder...

Mayer Brown on

In perhaps one of the most significant revisions to the Delaware General Corporation Law (DGCL), on March 25, 2025, the governor signed into law amendments overhauling much of the state’s law relating to conflicted...more

Latham & Watkins LLP

Latham Texas Private Funds Breakfast Series Introduction to Continuation Fund Transactions

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This winter, Latham’s Investment Funds Practice delivered an in-depth exploration of continuation fund transactions, offering strategic insights and practical guidance in the latest installment of the Texas Private Funds...more

Vinson & Elkins LLP

Delaware Amendments Provide Clarity on Conflicted Transactions and Books and Records Requests

Vinson & Elkins LLP on

Delaware amended the Delaware General Corporation Law (the “DGCL”) to create safe harbors for transactions involving directors, officers and controlling stockholders and to limit both the documents subject to and the purposes...more

Morris, Manning & Martin, LLP

Ninth Circuit Finds Pollution Exclusion Creates Conflict Requiring Independent Counsel

The insureds were sued for alleged environmental contamination from the operation of a marine terminal and chemical storage facility. The claimants alleged that hazardous materials leaked from storage tanks over a fifty-year...more

Orrick, Herrington & Sutcliffe LLP

Senators Warren and Schiff pen letter to CFPB OIG on Musk’s actions

On March 26, Senators Elizabeth Warren (D-MA) and Adam Schiff (D-CA), under the jurisdiction of the Senate Committee on Banking, Housing, and Urban Affairs, requested the CFPB’s OIG investigate potential ethics violations by...more

Paul Hastings LLP

UK FCA’s Review of Valuation Processes for Private Market Assets — Key Findings and Implications for Private Equity and Private...

Paul Hastings LLP on

On March 5, 2025, the U.K. Financial Conduct Authority (FCA) released its much-anticipated findings from a multifirm review examining valuation processes for private market assets. This review, launched amid growing concerns...more

Cadwalader, Wickersham & Taft LLP

New Regulatory Priorities Spring Into Focus, April 2025 - The UK Regulator Sets Out Its Supervisory Priorities for the Asset...

On February 26, the UK’s Financial Conduct Authority (FCA) wrote to Chief Executives in the asset management and alternatives sector to set out their current supervision priorities (the Portfolio Letter)....more

Goodwin

Delaware Creates More Corporate Clarity and Overhauls Rules Governing Conflicted Transactions

Goodwin on

In February 2025, the Delaware General Assembly introduced legislation to significantly amend Section 144 of the Delaware General Corporation Law (DGCL) to improve the legal framework surrounding transactions involving...more

BCLP

Delaware Adopts Safe Harbors for Conflicted Transactions and Narrows Right of Stockholders to Demand Books and Records

BCLP on

The safe harbors provide protection against claims for equitable relief or damages, subject to certain limitations, as described below. The amendments became effective immediately for all acts and transactions, whether...more

Oberheiden P.C.

Government Procurement Fraud: Common Types and Indicators

Oberheiden P.C. on

Government procurement fraud is pervasive. The vast majority of government procurement fraud goes undetected, and federal agencies rely heavily on whistleblowers to help them determine when scrutiny is warranted. Blowing the...more

Winthrop & Weinstine, P.A.

The New and Improved Delaware General Corporation Law: What You Need to Know

On March 25, 2025, Delaware Governor Matt Meyer signed into law significant amendments to the Delaware General Corporation Law (DGCL) that are designed to reduce excessive stockholder litigation and reinforce the authority of...more

Hinshaw & Culbertson - Lawyers' Lawyer...

So, You Made a Mistake. Do You Need to Tell Your Client?

Consider the following hypothetical. A corporate client hires a lawyer in connection with purchasing a controlling interest in an LLC. The lawyer structures the deal to lower the client's tax liability based on his assumption...more

Society of Corporate Compliance and Ethics...

[Event] Basic Compliance & Ethics Academy - April 28th - May 1st, Las Vegas, NV

Ideal for practitioners who want to build strong foundational knowledge of compliance program management and how to apply that knowledge in practice. Attendees will come away better prepared to support, enhance, and manage a...more

Goodell, DeVries, Leech & Dann, LLP

Breaking Silence: The Ethics of Lawyers Critiquing Clients

Several weeks ago, attorney Mark Lemley was criticized for having the temerity to terminate his representation of Meta during an ongoing copyright infringement case because of its CEO’s alleged “descent into toxic...more

A&O Shearman

UK FCA highlights areas for improvement in private market valuation processes

A&O Shearman on

The UK Financial Conduct Authority (FCA) has published the findings of the multi-firm assessment of valuation practices and governance for valuing private equity, venture capital, private debt and infrastructure assets. The...more

Skadden, Arps, Slate, Meagher & Flom LLP

FCA Findings on Private Market Valuations Stress Risk of Conflicts and Need for Independence

On 5 March 2025, the FCA published its findings from its multi-firm assessment of governance and valuation practices within the private market sector (Review) along with a press release. The Review focused on firms operating...more

K&L Gates LLP

Europe: FCA Advances Efforts to Address the UK’s EU Legislative Legacy, Starting With MIFID

K&L Gates LLP on

Following an HM Treasury policy statement, the FCA has published a consultation paper proposing amendments to some of the Markets in Financial Instruments Directive (MIFID) conduct of business and systems and controls rules...more

Schwabe, Williamson & Wyatt PC

Understanding the Proposed Updates to Organizational Conflict of Interest Rules

On January 15, the Department of Defense, GSA, and NASA published proposed rules that would implement the Preventing Organizational Conflicts of Interest in Federal Acquisition Act. The Act was enacted on December 27, 2022....more

Proskauer - Regulatory & Compliance

FCA’s Private Market Valuations Review – Good Practice but Room for Improvement

On 5 March 2025, the United Kingdom’s Financial Conduct Authority (“FCA”) published the findings of its multi-firm review of valuation processes for private market assets (the “Review”).  The Review covered a firms operating...more

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