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 | California Enacts Emergency Legislation to Address Pay-to-Play and Public Pension Funds
Keith Bishop, Matthew J. Ertman; Allen Matkins Leck Gamble Mallory & Natsis LLP; November 6, 2009, previously published on October 22, 2009 Recent news stories have featured allegations of "pay-to-play" arrangements at public employee pension funds. A pay-to-play arrangement involves directing some benefit to a pension fund official in order to obtain fund business. A direct bribe is the most obvious form of pay-to-play. ... |
| Private Fund Investment Advisers Registration Act of 2009 Passes House Committee Vote
November 6, 2009, previously published on October 28, 2009 On October 27, the U.S. House of Representatives Committee on Financial Services approved the Private Fund Investment Advisers Registration Act of 2009 (to be reported as H.R. 3818) by a bipartisan vote of 67 to 1 (Rep. Ron Paul (R-TX) opposing). Although the passing of the bill brings the... |
| Proposed Legislation Would Require Risk Retention, Increased Disclosure in Offerings of Asset-Backed Securities
Edward E. Gainor; Bingham McCutchen LLP; November 5, 2009, previously published on October 30, 2009 Draft legislation released this week by the U.S. House Committee on Financial Services would, among other things, amend the Securities Act of 1933 (the "Securities Act") and the Securities Exchange Act of 1934 (the "Exchange Act") to impose new regulations on securitization... |
 | U.S. House Proposes Registration of Most Private Fund Advisers, Excepting "Venture Capital Fund Advisers"
Amy C. Johnson-Spina, Mayah Judovits, Joseph J. Romagnoli; Torys LLP; November 5, 2009 On October 27, 2009, the U.S. House of Representatives Financial Services Committee approved out of committee proposed legislation titled the "Private Fund Investment Advisers Registration Act of 2009" (the Proposed Legislation); this is the fifth bill introduced this year to regulate... |
| House Committee Votes Overwhelmingly to Expand Advisers Act Registration Requirements
Roland C. Goss; Jorden Burt LLP; November 5, 2009, previously published on October 30, 2009 October 30, 2009 - The House Financial Services Committee has approved by a vote of 67-1 legislation that would, among other things, subject many advisers to hedge funds or certain other private investment companies to registration under the Investment Advisers Act of 1940 (the "Advisers... |
| Secondary Loan Market Reassured by Recent Ruling of New York's Highest Court
Caitlin Denison FitzRandolph, William M. O'Connor, Evelyn H. Seeler; Crowell & Moring LLP; November 3, 2009, previously published on October 29, 2009 A recent decision from New York's highest court will have a significant impact on both investors and institutions facing litigation stemming from the commercial mortgaged-backed securities market and should provide assurances to purchasers in the distressed debt and secondary loan market. The case,... |
| The SEC and CFTC Recommend Significant Changes to the Regulatory Landscape Governing Securities Derivatives and Futures Products
Lane Powell PC; November 2, 2009, previously published on October 20, 2009 The Securities and Exchange Commission ("SEC") and Commodity Futures Trading Commission ("CFTC") issued a joint report on Friday, October 16, 2009, recommending a series of proposals to strengthen the agencies' oversight and enforcement capabilities of new securities and futures... |
| Russian-Venezuelan Intergovernmental Agreement on Encouragement and Mutual Protection of Capital Investments Ratified by Russia Squire, Sanders & Dempsey L.L.P.; November 2, 2009, previously published on October 2009 The Russian-Venezuelan intergovernmental agreement on the encouragement and mutual protection of capital investments, signed in Caracas on November 7, 2008, has been ratified by Russia pursuant to Federal Law No. 221-FZ, "On Ratification of the Agreement by and Between the Government of the... |
| Who Owns Commissioned Artworks? Pierre Valentin; Withers Bergman LLP/ Withers LLP; October 29, 2009, previously published on October 26, 2009 Art history is replete with famous patrons who have commissioned artists to create artworks for their benefit: consider Pope Julius II commissioning Michelangelo to paint the ceiling of the Sistine Chapel (1508-1512) or the Russian textile merchant and art collector, Sergei Shchukin, commissioning... |
| Decision of the Spoliation Advisory Panel In Relation To Eight Drawings in the Possession of the Samuel Courtauld Trust Jennifer McDermott, Paola Fudakowska; Withers Bergman LLP/ Withers LLP; October 29, 2009, previously published on October 26, 2009 The Spoliation Advisory Panel has recently considered a claim by the heirs of Professor Dr Curt Glaser against the Samuel Courtauld Trust in respect of eight drawings in the Courtauld collection. The heirs claimed that Professor Glaser was forced to sell the drawings by auction in May 1933 as a... |
