Journal of Investment Compliance: Volume 17 Issue 2

The European market abuse regulation: MAR ado about everything

Jake Green, Emily Torrens

To provide a practical look at the European Union Market Abuse Regulation (Regulation EU No. 596/2014) (“MAR”) and some of its uncertainties, particularly the issue of its wide…

AIFMD passport: Europe must try harder

Stephen Sims, Patrick Brandt, Greg Norman

To explain two papers published by the European Securities and Marketing Authority (ESMA) covering the application of the mar-keting “passport” under the Alternative Investment…

The SEC’s increased use of administrative proceedings in enforcement actions: background, controversies, and future outlook

Alan Wolper, Heidi VonderHeide

To explain the background, controversy and possible future developments related to the US Securities and Exchange Commission’s (SEC’s) increased use of administrative proceedings…

SEC issues new guidance on excluding shareholder proposals under rule 14a-8

John Newell, Arthur McGivern, David Roberts

To explain SEC Division of Corporation Finance Staff Legal Bulletin No. 14H (SLB 14H), which provides interpretive advice on how the Staff will treat shareholder proposals under…

SEC’s division of investment management offers new guidance on “distribution in guise” payments

Arthur Delibert, Lori Schneider, Megan Clement, Shane Shannon

To explain the January 6, 2016 written guidance (the “New Guidance”) issued by the Securities and Exchange Commission’s Division of Investment Management on payments made by…

The SEC turns up the heat on private equity expense allocations

Samuel Lieberman, John T. Araneo

To discuss the US Securities and Exchange Commission’s (“SEC’s”) increasing focus on disclosure and conflict-of-interest problems arising from how private equity fund (“PE Fund”…

SEC publishes guidance on mutual fund distribution and sub-accounting fees

Marco Adelfio, Paul J. Delligatti, Jason F. Monfort

To explain the guidance published on January 6, 2016 by the SEC’s Division of Investment Management containing its views and recommendations relating to mutual fund distribution…

SEC approves new municipal advisor fiduciary duty rule

Stephen Wink, Anna Rienhardt, Brett M. Ackerman, Sean Miller

To analyze the Municipal Securities Rulemaking Board’s new rule outlining the standards of conduct and fiduciary duties applicable to municipal advisors.

SEC flexes its muscle on accounting fraud and targets more individuals

David Woodcock, Joan McKown

To note the increase in accounting and financial reporting matters at the Securities and Exchange Commission by highlighting a number of recent cases filed by the agency.

Anti-money laundering program and suspicious activity report filing requirements for registered investment advisors: practicalities and implications of FinCEN’s proposed new rule

Jonathan A. Lopez, Courtney J. Linn, Edward Eisert, Lauren Muldoon

To provide a summary and analysis of the Proposed Rulemaking published by the Financial Crimes Enforcement Network (FinCEN) on September 1, 2015, which proposes to subject…

Proposed CFTC cybersecurity testing rules for derivatives market infrastructure

Stephen M. Humenik, James Kwok

To summarize and analyze the CFTC’s proposed enhanced cybersecurity testing rules for entities that run the core derivatives market infrastructure.

The CFTC turns to insider trading enforcement

Scott Himes

To alert participants in the commodities markets to an important development in the exercise of enforcement authority by the Commodity Futures Trading Commission.

Life on the margin: US margin rules finalized at last

Marc Horwitz, Claire Hall, Bradley Phipps

To discuss the US Commodity Futures Trading Commission’s (CFTC’s) final rule regarding margin for uncleared swaps (the CFTC margin rule) and an interim final rule exempting…