LexisNexis® Legal Newsroom
Doug Cornelius
Calculating Regulatory Assets Under Management for Private Funds

For private fund managers, one troubling aspect of Form ADV had been the calculation of "assets under management" in item 5.F. If securities are less than 50% of the portfolio then the portfolio would not be a securities account. Except...

Kevin M. LaCroix
Can a D&O Insurer Seek to Recoup Prior Settlement Payments from Its Own Insured?

Settlement is the critical goal in every claim that cannot be resolved otherwise. It terminates the open dispute, it provides the parties with finality, and, perhaps, most importantly, it provides the parties with repose. After a settlement is final...

Brian JM Quinn
Bad Accountants

With all the interest in the ongoing Galleon/SAC/expert networks insider trading investigation, this run of the mill scam almost slipped past. Thankfully this one doesn't involve lawyers - just bad accountants and traders. The SEC charged a former...

Gary Larkin
CII, ISS Arm Shareholders for 2011 Proxy Season

Armed with a new white paper from the Council of Institutional Investors and the recently released Institutional Shareholder Services’ 2011 updates for its U.S. Corporate Governance Policy, shareholders seem well-equipped to tackle a myriad of...

Thomas Fox
How to Begin Your FCPA Due Diligence

The task of where to begin a full compliance and ethics program can often times appear quite daunting. Most US companies fully understand the need to comply with the Foreign Corrupt Practices Act (FCPA). However most companies are not created out of...

Doug Cornelius
Yes, the SEC Wants Real Estate Fund Managers to Register

Earlier I had pointed out how a real estate fund manager could be considered an investment adviser and have to register with the SEC under the Investment Advisers Act. In the Proposed Changes to Form ADV published on November 19, the SEC has made...