News & Analysis as of

Investment Adviser Investment Advisory Agreements

Skadden, Arps, Slate, Meagher & Flom LLP

For Financial Institutions: Reminder That Federal Political Activity Can Implicate Certain Pay-to-Play Rules

With the election season in full swing, there is increased interest in political contributions. It is important for financial institutions subject to SEC Rule 206(4)-5 for investment advisers, CFTC Rule 23.451 for swap...more

Kilpatrick

Attn: RIAs Charging Performance-Based Fees, Thresholds for “Qualified Client” Increased by $100K

Kilpatrick on

The Investment Advisers Act of 1940, as amended (the “Advisers Act”), generally prohibits SEC‑registered investment advisers (“RIAs”) from entering into an advisory contract that charges a performance fee to a client who is...more

A&O Shearman

OCIE to Fund Boards: We Are Watching Your Contract Renewal Process

A&O Shearman on

In a Risk Alert dated November 7, 2019, the SEC’s Office of Compliance Inspections and Examinations reminded investment company advisers and boards that examiners are looking carefully at how firms approach and document the...more

A&O Shearman

Second Circuit Affirms Denial Of Certain Claims For Investment Banking Fees

A&O Shearman on

On October 11, 2019, the United States Court of Appeals for the Second Circuit affirmed a decision by District Judge Jesse Furman denying in part breach of contract claims for advisory fees brought by investment bank Stone...more

A&O Shearman

Southern District Of New York Denies Claims For Investment Banking Fees, Holding That The Engagement Terminated And The "Agreement...

A&O Shearman on

On August 10, 2018, Judge Jesse Furman of the United States District Court for the Southern District of New York denied claims for advisory fees brought by investment bank Stone Key Partners LLC (together with Stone Key...more

Morrison & Foerster LLP

SEC's Warning — Fund Trustees Are Fair Game

In a cease-and-desist order entered on June 17, 2015, the U.S. Securities and Exchange Commission found that a fund adviser, two independent trustees and an inside trustee willfully violated Section 15(c) of the Investment...more

Morrison & Foerster LLP

SEC Sanctions Independent Trustees for Deficient Advisory Contract Review

In a cease-and-desist order entered on June 17, 2015, the SEC found that a fund adviser, two independent trustees, and an inside trustee willfully violated Section 15(c) of the Investment Company Act of 1940 (the “1940 Act”)...more

Foley & Lardner LLP

A Compilation of Enforcement and Non-Enforcement Actions - December 31, 2013

Foley & Lardner LLP on

Investment Advisers — Are Your “IA Reps” Registered as Required? Why You Should Care - As we approach the end of the calendar year, it is a good time for investment advisers to check if all of its personnel who are...more

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