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HTMLCongress Scrutinizes Hedge Funds’ Use of Financial Derivatives
Bruce M. Bettigole, Thomas A. Cullinan, Yasho Lahiri, William R. Pauls, W. Scott Sorrels; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 30, 2014, previously published on July 25, 2014
This week the Senate Permanent Subcommittee on Investigations, Committee on Homeland Security and Governmental Affairs (Subcommittee), in conjunction with the Subcommittee’s hearing on July 22, 2014, released a report on hedge funds’ use of financial derivatives considered abusive. In...

 

HTMLMoody’s Provides Guidance on Metal Streaming Transactions
Patrick Deutscher, Roger Taplin; McCarthy Tétrault LLP;
Legal Alert/Article
July 30, 2014, previously published on July 21, 2014
On July 17, 2014, Moody’s Investors Service (Moody’s) released a report on metal streaming transactions, in which it discusses the impact of streaming transactions on the credit profiles of mining companies. Generally, Moody’s views metal streaming transactions as a form of equity...

 

HTMLNon-EU Investment Managers Must Comply with EU AIFMD by July 22, 2014
Dentons Canada LLP;
Legal Alert/Article
July 29, 2014, previously published on July 17, 2014
The EU Alternative Investment Fund Managers Directive (the "AIFMD"), approved by the European Parliament in June 2011, established a new regulatory regime for EU and non-EU investment managers (including US investment advisers) that, among other activities, manage alternative investment...

 

HTMLInvestment Fund Managers - A Regulatory Check-up
Cristian O. Blidariu, Michael C. Nicholas, Sean D. Sadler, Rene R. Sorell; McCarthy Tétrault LLP;
Legal Alert/Article
July 28, 2014, previously published on July 21, 2014
The Ontario Securities Commission (“OSC”) has recently released two notices providing helpful guidance on the compliance operations of investment fund managers (“IFMs”). This guidance is contained in the 2013 annual review summary report for dealers, advisers and investment...

 

HTMLGood News for Cayman Domiciled Private Equity Funds - Introduction of New ELP.
Gary Smith; Loeb Smith & Brady;
Legal Alert/Article
July 26, 2014, previously published on July 2014
The Cayman Islands (“Cayman”) continue to be the leading offshore jurisdiction for the establishment of both hedge funds and private equity funds. Typically, private equity funds are structured in Cayman as exempted limited partnerships (“ELPs”) and the introduction of the...

 

HTMLHave Accelerators Reached Saturation Point?
Gabor Garai; Foley & Lardner LLP;
Legal Alert/Article
July 26, 2014, previously published on July 24, 2014
A few weeks ago, I attended the ribbon-cutting ceremony for the new MassChallenge accelerator space. There were hundreds of people there, including the founders of TechSandBox, an accelerator in Hopkinton, MA, and Smarter in the City, an “inner city” accelerator in Roxbury. Foley &...

 

HTMLCyprus Alternative Investment Funds
Anastasios Antoniou LLC;
Legal Alert/Article
July 25, 2014
In what constitutes a pivotal step in the transformation of Cyprus into one of the primary investment funds jurisdictions, new legislation is in place to regulate the establishment of Alternative Investment Funds. The Alternative Investment Funds Law of 2014 (the Law) provides a much-expected...

 

Adobe PDFHalliburton II: A Triumph for Investors’ Rights and Market Integrity
Thomas C. Goldstein; Bernstein Litowitz Berger Grossmann LLP;
Legal Alert/Article
July 25, 2014, previously published on Summer 2014
In an important victory for investors’ rights in Halliburton Co. v. Erica P. John Fund, Inc. (Halliburton II), the United States Supreme Court reaffirmed on June 23, 2014 that investors are entitled to rely on the integrity of the prices of securities that are traded in well-developed...

 

Adobe PDFInvestors Can Toll the Dutch Statute of Limitations with a Simple Letter
Flip Wijers; Bernstein Litowitz Berger Grossmann LLP;
Legal Alert/Article
July 24, 2014, previously published on Summer 2014
In the early 2000s, a massive accounting scandal at Dutch international supermarket chain Royal Ahold N.V. (“Ahold”) shocked the global investment community and resulted in criminal and civil charges being filed in the Netherlands and the U.S. Almost a decade later, a Dutch shareholder...

 

HTMLState Council Released Opinions on Promoting Fair Competition and Maintaining Regular Order in the Market
Xiaolu Xu; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 17, 2014
The State Council has released the Several Opinions on Promoting Fair Competition and Maintaining Regular Order in the Market (the “Opinions”) on July 8, 2014.

 


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