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Bingham McCutchen LLP New York, NY Document Search Results (40) Show: results per page Sort by:  | Reversal of Fortune: 11th Circuit Reverses District Court and Affirms Florida Bankruptcy Court on Controversial Fraudulent Transfer Decision (In re Tousa, Inc., et al.)
Ainsley G. Moloney, Steven Wilamowsky; Bingham McCutchen LLP;
Legal Alert/Article May 24, 2012, previously published on May 18, 2012 On May 15, 2012, the United States Court of Appeals for the Eleventh Circuit decided Senior Transeastern Lenders et al. v. Official Committee of Unsecured Creditors (In re TOUSA, INC., et al.), No. 11-11071 (11th Cir. 2012), a decision with potentially significant implications for commercial...
| | Employers Need Not Post the NLRB-Authored Notice Advising Employees of Their Rights Under the NLRA — For Now
Jenny K. Cooper, Richard Spitaleri; Bingham McCutchen LLP;
Legal Alert/Article May 1, 2012, previously published on April 30, 2012 On April 17, 2012, the U.S. Court of Appeals for the District of Columbia Circuit (the "D.C. Circuit") issued a preliminary injunction that temporarily enjoined the National Labor Relations Board ("NLRB") rule that would require employers to post an NLRB-authored notice advising...
| | Some Volcker Rule Clarification: Federal Reserve Issues Statement on Conformance Period
Allison Gargano, Kate Lashley; Bingham McCutchen LLP;
Legal Alert/Article April 23, 2012, previously published on April 23, 2012 The Volcker Rule has created significant uncertainty for financial institutions and for the financial markets generally. One discrete area of uncertainty was dispelled this past Thursday when the Federal Reserve Board (the “Board”) issued a statement of policy confirming that an entity...
| | JOBS Act to Eliminate Barriers to Capital Raising by Hedge Funds, Private Equity Funds and Other Private Funds
Ephraim D. Lemberger, Robert G. Leonard, Michael F. Mavrides; Bingham McCutchen LLP;
Legal Alert/Article April 11, 2012, previously published on April 9, 2012 On April 5, 2012, President Obama signed the Jumpstart Our Business Startups Act (the "JOBS Act") into law. The JOBS Act will have a significant impact on the way that hedge funds, private equity funds and other private funds raise capital by, among other things, eliminating certain...
| | JOBS Act: Congress Attempts to Reduce Regulatory Burdens on IPOs and Private Offerings
Laurie A. Cerveny, Robert G. Leonard, Michael P. O'Brien, Charles A. Sweet, Carl A. Valenstein; Bingham McCutchen LLP;
Legal Alert/Article April 2, 2012, previously published on April 2, 2012 Congress has passed and President Obama is expected to sign the Jumpstart Our Business Startups Act, a five-pronged attempt to reduce regulatory burdens on securities offerings and thus facilitate capital formation and job creation, especially by “emerging growth companies.” Although...
| | NY Appellate Division Clarifies Requirements for a Fraud Claim by a Sophisticated Investor
Susan F. DiCicco, Bryan P. Goff; Bingham McCutchen LLP;
Legal Alert/Article March 30, 2012, previously published on March 29, 2012 On March 27, 2012, a unanimous five-judge panel of the New York Appellate Division, First Department, issued a forceful 37-page opinion addressing a number of legal standards governing fraud claims by sophisticated commercial entities.
| | ERISA Fee Disclosure by Investment Managers
Russell E. Isaia, Barbara D. Klippert; Bingham McCutchen LLP;
Legal Alert/Article March 30, 2012, previously published on March 29, 2012 The Department of Labor ("DOL") recently released final regulations on required fee disclosure by service providers to ERISA plans. We discussed this release in general terms in our Alert of March 7, 2012. This Alert addresses how the new regulations relate specifically to investment...
| | SEC Amends Definition of Qualified Client
Smriti Kodandapani, Ephraim D. Lemberger, Robert G. Leonard; Bingham McCutchen LLP;
Legal Alert/Article February 20, 2012, previously published on February 17, 2012 On February 15, 2012, the SEC issued a final rule that amends the definition of qualified client in Rule 205-3 under the Advisers Act. The final rule: (i) codifies the order issued by the SEC on July 12, 2011, that increased the dollar amounts of the asset under management test to $1,000,000 and...
| | Massachusetts Social Media Guidance: Interpretive Assistance for State-Registered Advisers Could Assist All in Grappling With Regulatory and Compliance Issues
W. Hardy Callcott, Jeffrey O. Himstreet, Paul M. Tyrrell, Michael R. Weissmann; Bingham McCutchen LLP;
Legal Alert/Article February 20, 2012, previously published on February 17, 2012 On the heels of the social media alert issued by the staff of the Office of Compliance Inspections and Examinations (“OCIE”) of the Securities and Exchange Commission (“SEC”), the Massachusetts Securities Division (“Division”) has issued a report of its own...
| | Massachusetts Adopts New Regulations for Private Fund Advisers
Richard A. Goldman, Caroline L. Harrington, Robert G. Leonard; Bingham McCutchen LLP;
Legal Alert/Article February 14, 2012, previously published on February 13, 2012 Massachusetts recently approved regulations relating to investment advisers, including the elimination of a frequently relied-on exclusion from the definition of investment adviser, and the adoption of a new exemption from the registration requirements for investment advisers to solely...
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