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Article
Publication date: 1 April 2006

Ian Levin and Kevin Scanlan

To discuss possible disadvantages and other implications for private investment fund managers of issuing side letters to certain investors.

165

Abstract

Purpose

To discuss possible disadvantages and other implications for private investment fund managers of issuing side letters to certain investors.

Design/methodology/approach

Discusses the relatively common practice of issuing side letters; issues surrounding side letters that relate to private equity funds and hedge funds; recent SEC pronouncements regarding side letters; industry practices, including disclosure issues and corporate‐related issues; and ERISA consequences.

Findings

Side letters (i.e. agreements that afford investors of a private investment fund with rights and/or benefits that are different, and often superior, to those granted to such investors under the governing documents of the fund) have been utilized for years by sponsors of private investment funds. In fact, in many cases, it has been impossible for sponsors of private investment funds to close on subscriptions from large and/or strategic investors unless they agree to provide such investors with side letters. In light of the recent focus of the US Securities and Exchange Commission (the “SEC”) on the use of side letters by hedge fund managers, fund managers should consider what affect certain side letter provisions may have on the fund and its investors, in particular, the consequences such side letters will have under the Employee Retirement Income Security Act of 1974 (“ERISA”).

Originality/value

Useful reference for fund managers that describes the potential issues related to side letters.

Details

Journal of Investment Compliance, vol. 7 no. 2
Type: Research Article
ISSN: 1528-5812

Keywords

Article
Publication date: 1 July 2006

Richard A. Gilbert, Ian Lloyd Levin and Sarah Downie

To describe how the Pension Protection Act of 2006 (the “Pension Act”) will affect the investment of plan assets subject to the Employee Retirement Income Security Act of 1974…

296

Abstract

Purpose

To describe how the Pension Protection Act of 2006 (the “Pension Act”) will affect the investment of plan assets subject to the Employee Retirement Income Security Act of 1974 (ERISA).

Design/methodology/approach

Describes the redefinition of “plan assets” under the Pension Act and explains new statutory prohibited transaction exemptions in areas that include transactions between plans and service providers, cross‐trading, foreign exchange transactions, block trades, the use of electronic communications networks (ECNs), correction to reverse prohibited transactions, bonding, and investment advice.

Findings

The status of existing investors as benefit plan investors under the Pension Act should be reviewed to determine whether formerly precluded investors may now be permitted. ERISA‐related purchase, sale, and transfer restrictions currently in use will need to be reviewed and likely significantly revised to reflect the decreased breadth of “party in interest” prohibitions. Investment advisers will need to review whether they want to begin providing investment advisory services to plan participants and, if so, begin developing procedural safeguards to comply with the requirements of the Pension Act.

Originality/value

A useful summary of forthcoming pension legislation as it affects US pension and IRA investments, particularly in its redefinition of the circumstances under which an entity's assets are treated as “plan assets” for ERISA purposes and its new statutory exemptions from the prohibited transaction requirements of ERISA.

Details

Journal of Investment Compliance, vol. 7 no. 3
Type: Research Article
ISSN: 1528-5812

Keywords

Content available
Article
Publication date: 1 July 2006

Henry A. Davis and James A. Tricarico Jr

182

Abstract

Details

Journal of Investment Compliance, vol. 7 no. 3
Type: Research Article
ISSN: 1528-5812

Content available
Article
Publication date: 1 April 2006

Henry A. Davis and James A. Tricarico Jr

180

Abstract

Details

Journal of Investment Compliance, vol. 7 no. 2
Type: Research Article
ISSN: 1528-5812

Content available
Article
Publication date: 20 March 2007

Henry A. Davis

283

Abstract

Details

Journal of Investment Compliance, vol. 8 no. 1
Type: Research Article
ISSN: 1528-5812

Article
Publication date: 20 May 2019

Martha Garcia-Murillo and Ian MacInnes

Artificial intelligence (AI) is likely to have a significant impact on work. It will enhance, but also displace, some professions. This paper aims to look retrospectively at the…

Abstract

Purpose

Artificial intelligence (AI) is likely to have a significant impact on work. It will enhance, but also displace, some professions. This paper aims to look retrospectively at the impact that previous revolutionary computing technologies have had and the institutional values that have shaped the way workers were affected.

Design/methodology/approach

This historical investigation relies on academic, government and trade publications of earlier periods in the development of computer technology. The analysis relies on the literature on institutional economics to understand societal outcomes. Within this framework, this paper explores both the ceremonial values associated with tradition and the instrumental values associated with the pursuit of knowledge.

Findings

The AI revolution, like previous technological evolutions, will go through stages. Initial implementations will suffer from failures that will, however, generate employment; but, as the technology improves, the AI revolution is likely to enhance productivity but displace workers. Up to this point, the US Government has not been able to respond adequately to the challenge. This paper attributes this to the ceremonial values that public officials and society entertain about personal responsibility and small government.

Practical implications

Given the differences in values, this study recommends fending off negative effects though education but also experimenting with other solutions at the local level.

Originality/value

Through the lens of history, this study provides a glimpse of what may happen. It also provides a framework that helps understand the outcomes of earlier technological revolutions.

Details

Digital Policy, Regulation and Governance, vol. 21 no. 3
Type: Research Article
ISSN: 2398-5038

Keywords

Open Access
Article
Publication date: 3 April 2017

Ian Seymour Yeoman and Una McMahon-Beattie

The primary aim of revenue management (RM) is to sell the right product to the right customer at the right time for the right price. Ever since the deregulation of US airline…

11733

Abstract

Purpose

The primary aim of revenue management (RM) is to sell the right product to the right customer at the right time for the right price. Ever since the deregulation of US airline industry, and the emergence of the internet as a distribution channel, RM has come of age. The purpose of this paper is to map out ten turning points in the evolution of Revenue Management taking an historical perspective.

Design/methodology/approach

The paper is a chronological account based upon published research and literature fundamentally drawn from the Journal of Revenue and Pricing Management.

Findings

The significance and success to RM is attributed to the following turning points: Littlewood’s rule, Expected Marginal Seat Revenue, deregulation of the US air industry, single leg to origin and destination RM, the use of family fares, technological advancement, low-cost carriers, dynamic pricing, consumer and price transparency and pricing capabilities in organizations.

Originality/value

The originality of the paper lies in identifying the core trends or turning points that have shaped the development of RM thus assisting futurists or forecasters to shape the future.

Details

Journal of Tourism Futures, vol. 3 no. 1
Type: Research Article
ISSN: 2055-5911

Keywords

Abstract

Details

Sustainable Development Through Global Circular Economy Practices
Type: Book
ISBN: 978-1-83753-590-3

Article
Publication date: 1 May 1998

Brian H. Kleiner

Presents a special issue, enlisting the help of the author’s students and colleagues, focusing on age, sex, colour and disability discrimination in America. Breaks the evidence…

5438

Abstract

Presents a special issue, enlisting the help of the author’s students and colleagues, focusing on age, sex, colour and disability discrimination in America. Breaks the evidence down into manageable chunks, covering: age discrimination in the workplace; discrimination against African‐Americans; sex discrimination in the workplace; same sex sexual harassment; how to investigate and prove disability discrimination; sexual harassment in the military; when the main US job‐discrimination law applies to small companies; how to investigate and prove racial discrimination; developments concerning race discrimination in the workplace; developments concerning the Equal Pay Act; developments concerning discrimination against workers with HIV or AIDS; developments concerning discrimination based on refusal of family care leave; developments concerning discrimination against gay or lesbian employees; developments concerning discrimination based on colour; how to investigate and prove discrimination concerning based on colour; developments concerning the Equal Pay Act; using statistics in employment discrimination cases; race discrimination in the workplace; developments concerning gender discrimination in the workplace; discrimination in Japanese organizations in America; discrimination in the entertainment industry; discrimination in the utility industry; understanding and effectively managing national origin discrimination; how to investigate and prove hiring discrimination based on colour; and, finally, how to investigate sexual harassment in the workplace.

Details

Equal Opportunities International, vol. 17 no. 3/4/5
Type: Research Article
ISSN: 0261-0159

Keywords

Article
Publication date: 1 February 1994

Ian Chaston

Two common causes of failure in the UK SME sector are under‐capitalisation and poor financial management skills. In theory the objective of the banking and accountancy professions…

Abstract

Two common causes of failure in the UK SME sector are under‐capitalisation and poor financial management skills. In theory the objective of the banking and accountancy professions should be the provision of external advisory services that enhance the management of the financial aspects of the business. Delivery of this objective could contribute to increasing small firm survival rates. A survey of South West SME firms reveals that although owner/managers see benefits in utilising the expertise of their accountants, banks are openly distrusted and there is a preference for minimising contact with the banking community. A parallel survey of accountants and bankers confirmed these attitudes and also indicated that accountants may reinforce the owner/manager behaviour to limit the quantity of financial information which is made available to the bank. If the banking and accounting segments of the UK financial services industry adopted a strategy of actively co‐operating with each other, the quality of external advice made available to smaller enterprises would be greatly enhanced.

Details

Journal of Small Business and Enterprise Development, vol. 1 no. 2
Type: Research Article
ISSN: 1462-6004

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