Author Info for Seward & Kissel LLP

James Abbott

Seward & Kissel Releases Business Transactions Group 2024 Year in Review

2024 started a bit slow for the M&A market but came on strong in the second half. Seward & Kissel’s clients engaged in a wide variety of transactions around the globe involving interesting businesses in diverse industries. We…more

Acquisitions, Corporate Finance, Corporate Sales Transactions, Cross-Border Transactions, Investment

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Y. Daphne Coelho-Adam

"So Long Synthetic LIBOR"

Earlier this year, the Financial Conduct Authority (FCA) exercised its powers pursuant to Article 21(3) of the Benchmarks Regulation to compel ICE Benchmark Administration (IBA) to continue publishing 1-month, 3-month and…more

Banking Sector, Borrowers, Financial Conduct Authority (FCA), ICE Benchmark Administration (IBA), Interest Rates

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Sophia Agathis

Update: U.S. Companies and U.S. Persons No Longer Required to Provide Beneficial Ownership Information under the Corporate Transparency Act.

Following the Treasury Department’s announcement regarding the removal of fines and penalties under the Corporate Transparency Act (“CTA”), the Financial Crimes Enforcement Network (“FinCEN”) has now advised that U.S. companies…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Disclosure Requirements, Enforcement

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Alexandra Agnostak

Employment Litigation Roundup: April 2025

Second Circuit holds employees get disability accommodations even if not necessary to perform their job - In Tudor v. Whitehall Central School District, the Second Circuit Court of Appeals vacated a lower court’s grant of…more

Americans with Disabilities Act (ADA), Appeals, Employment Litigation, Motion to Dismiss, Reasonable Accommodation

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Alexandra Alberstadt

SEC Staff Updates FAQs Regarding Marketing Rule Compliance – Gross and Net Performance

On March 19, 2025, the staff of the Division of Investment Management (the “SEC Staff”) of the Securities and Exchange Commission (the “SEC”) released an update to its Frequently Asked Questions1 (the “FAQs”) relating to…more

Compliance, Investment, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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Beth Alter

"An Ounce of Prevention"...How to Reduce the Risk of Litigation and Enforcement Proceedings

To paraphrase what Ben Franklin may have been alluding to nearly 300 years ago in his famous quote, often the best approach when it comes to reducing the risk of litigation and government enforcement proceedings is to take…more

Anti-Corruption, Anti-Discrimination Policies, Anti-Harassment Policies, Anti-Money Laundering, California Consumer Privacy Act (CCPA)

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Gerhard Anderson

Seward & Kissel Releases Business Transactions Group 2024 Year in Review

2024 started a bit slow for the M&A market but came on strong in the second half. Seward & Kissel’s clients engaged in a wide variety of transactions around the globe involving interesting businesses in diverse industries. We…more

Acquisitions, Corporate Finance, Corporate Sales Transactions, Cross-Border Transactions, Investment

See all updates »

John Ashmead

Pausing Bribery Prosecutions: What Companies Need to Know

Last week President Trump signed an Executive Order pausing enforcement of the nation’s most robust anti-bribery statute, the Foreign Corrupt Practices Act (“FCPA”). The EO seeks a complete overhaul of the FCPA enforcement…more

Anti-Bribery, Attorney General, Cartels, Compliance, Corporate Governance

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David Baron

Employment Litigation Roundup: April 2025

Second Circuit holds employees get disability accommodations even if not necessary to perform their job - In Tudor v. Whitehall Central School District, the Second Circuit Court of Appeals vacated a lower court’s grant of…more

Americans with Disabilities Act (ADA), Appeals, Employment Litigation, Motion to Dismiss, Reasonable Accommodation

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Jay Baroody

SEC Staff Updates FAQs Regarding Marketing Rule Compliance – Gross and Net Performance

On March 19, 2025, the staff of the Division of Investment Management (the “SEC Staff”) of the Securities and Exchange Commission (the “SEC”) released an update to its Frequently Asked Questions1 (the “FAQs”) relating to…more

Compliance, Investment, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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Gregg Bateman

Fifth Circuit Reverses Bankruptcy Court’s Ruling on Lenders’ Sacred Right of Pro Rata Repayment in Uptiering Transaction

On December 31, 2024, the Fifth Circuit Court of Appeals overturned the Bankruptcy Court for the Southern District of Texas’ (the “Bankruptcy Court”) decision that the exchange by certain lenders of Serta Simmons Bedding, LLC…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Credit Agreements

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Sonita Bennitt

Memorandum to our Investment Management Clients and Friends

Tax Court Delivers Coal to Another Limited Partnership Management Company - On December 23, 2024, the United States Tax Court published an opinion1 (the “Opinion”), holding that limited partners that actively participated in…more

Fund Managers, Investment Management, Limited Partnerships, Self-Employment Tax, Tax Benefits

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Jeffrey Berman

"So Long Synthetic LIBOR"

Earlier this year, the Financial Conduct Authority (FCA) exercised its powers pursuant to Article 21(3) of the Benchmarks Regulation to compel ICE Benchmark Administration (IBA) to continue publishing 1-month, 3-month and…more

Banking Sector, Borrowers, Financial Conduct Authority (FCA), ICE Benchmark Administration (IBA), Interest Rates

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Emanuel Beys

SEC Amends Regulation S-P to Require Data Breach Notifications and Additional Written Policies

On May 16, 2024, the SEC amended Regulation S-P to impose new data privacy and security requirements on broker-dealers, registered investment advisers, investment companies (whether or not they are registered with the SEC), and…more

Breach Notification Rule, Broker-Dealer, Data Breach, Documentation, Incident Response Plans

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Keith Billotti

SEC Expands Accommodations for Nonpublic Review of Most Securities Act and Exchange Act Registration Statements

On March 3, 2025, the Securities and Exchange Commission (the “SEC”) expanded the accommodations for the confidential submission and review of registration statements under the Securities Act of 1933 (the “Securities Act”) or…more

Emerging Growth Companies, Filing Requirements, Foreign Private Issuers, Initial Public Offering (IPO), Regulation S-K

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Matthew Bolinsky

Countdown to Compliance with Tailored Shareholder Report Requirements: Key Considerations

In October 2022, the Securities and Exchange Commission (SEC) adopted amendments that will significantly alter the content, format and presentation of annual and semi-annual shareholder reports used by investment companies,…more

Corporate Governance, Investment Companies, Publicly-Traded Companies, Reporting Requirements, Securities and Exchange Commission (SEC)

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Daniel Bresler

SEC Staff Updates FAQs Regarding Marketing Rule Compliance – Gross and Net Performance

On March 19, 2025, the staff of the Division of Investment Management (the “SEC Staff”) of the Securities and Exchange Commission (the “SEC”) released an update to its Frequently Asked Questions1 (the “FAQs”) relating to…more

Compliance, Investment, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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Nathan Brownback

FDIC Adopts Rule Prohibiting Misleading Statements About FDIC Insurance that Impacts a Broad Range of Deposit Placement Arrangements Offered by Brokers, Banks, and FinTechs

Introduction - On May 17, 2022, the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”) adopted a final rule (“Rule”) setting forth its procedures for investigating and enforcing false advertising, false…more

Banking Sector, Banks, Broker-Dealer, Consumer Financial Products, Deposit Insurance

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Eric Buchanan

Two Sides of the Same Coin: The Direct Relationship Between Valuation and Dilution in Pricing Venture and Growth Equity Deals

Two concepts that venture capital and/or growth equity investors often grapple with are “valuation”, the agreed-to dollar value of the target company, and “dilution,” the nexus between an investor’s expected fully diluted equity…more

Dilution, Equity, Investment, Valuation

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Sharan Calay

2022 Highlights from the Global Bank and Institutional Finance & Restructuring Group

$55B CLO/ Loan Facilities Represented several financial institutions in connection with CLOs (including middle-market CLOs), multi-currency loan facilities and warehouse transactions, as well as redemptions, re-pricings,…more

Banks, Consumer Lenders, Debt Restructuring, Financial Institutions, Institutional Investors

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Kevin Cassidy

SEC Staff Updates FAQs Regarding Marketing Rule Compliance – Gross and Net Performance

On March 19, 2025, the staff of the Division of Investment Management (the “SEC Staff”) of the Securities and Exchange Commission (the “SEC”) released an update to its Frequently Asked Questions1 (the “FAQs”) relating to…more

Compliance, Investment, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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Dale Christensen Jr.

Down to the Wire: Citibank Wins Big in Revlon Appeal

In a long-anticipated decision, on September 8, 2022, the United States Court of Appeals for the Second Circuit (the “Second Circuit”) vacated the judgment of the Southern District of New York (the “District Court”) in, In re…more

Appeals, Citibank, Corporate Counsel, Debt, Loans

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Greg Cioffi

"So Long Synthetic LIBOR"

Earlier this year, the Financial Conduct Authority (FCA) exercised its powers pursuant to Article 21(3) of the Benchmarks Regulation to compel ICE Benchmark Administration (IBA) to continue publishing 1-month, 3-month and…more

Banking Sector, Borrowers, Financial Conduct Authority (FCA), ICE Benchmark Administration (IBA), Interest Rates

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Paul Clark

FDIC Withdraws Pending Proposed Rule on Brokered Deposits

On March 3, 2025, the Federal Deposit Insurance Corporation (“FDIC”) withdrew its pending proposed rule on brokered deposits (the “Proposal”), originally published in the Federal Register on August 23, 2024. The Proposal, which…more

Administrative Procedure Act, Banking Sector, Brokered Deposits, FDIC, Financial Institutions

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James Cofer

Section 883 Tax Exemption for Cargo Shipping and Cruise Lines At Risk?

Last week, speaking on Fox News, Commerce Secretary Howard Lutnick appeared to threaten the repeal of the exemption under Section 883 of the Internal Revenue Code for foreign corporations engaged in the international operation…more

Foreign Corporations, Income Taxes, Internal Revenue Code (IRC), International Tax Issues, IRS

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Ronald Cohen

2022 Highlights from the Global Bank and Institutional Finance & Restructuring Group

$55B CLO/ Loan Facilities Represented several financial institutions in connection with CLOs (including middle-market CLOs), multi-currency loan facilities and warehouse transactions, as well as redemptions, re-pricings,…more

Banks, Consumer Lenders, Debt Restructuring, Financial Institutions, Institutional Investors

See all updates »

Jessica Cohn

FDIC Adopts Rule Prohibiting Misleading Statements About FDIC Insurance that Impacts a Broad Range of Deposit Placement Arrangements Offered by Brokers, Banks, and FinTechs

Introduction - On May 17, 2022, the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”) adopted a final rule (“Rule”) setting forth its procedures for investigating and enforcing false advertising, false…more

Banking Sector, Banks, Broker-Dealer, Consumer Financial Products, Deposit Insurance

See all updates »

L. Taylor Coley

The Poseidon Principles for Marine Insurance

According to the International Maritime Organization (IMO), the shipping industry currently accounts for 2.2% of global emission of greenhouse gases (GHG), with the potential, if left unregulated, to increase 50-250% by 2050. …more

Climate Change, Financial Institutions, Greenhouse Gas Emissions, Insurance Industry, International Maritime Organization (IMO)

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Michael Considine

Undervalue at Your Own Risk: The False Claims Act Comes for Imports

While some enforcement areas have taken a pause this year, False Claims Act enforcement—especially around customs duties—is moving and likely to get busier. Just last week the U.S. Department of Justice filed a complaint…more

China, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Brett Cotler

Update: U.S. Companies and U.S. Persons No Longer Required to Provide Beneficial Ownership Information under the Corporate Transparency Act.

Following the Treasury Department’s announcement regarding the removal of fines and penalties under the Corporate Transparency Act (“CTA”), the Financial Crimes Enforcement Network (“FinCEN”) has now advised that U.S. companies…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Disclosure Requirements, Enforcement

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Noah Czarny

OFAC Issues New Wave of Russia Sanctions Expanding Secondary Sanctions Risk for Foreign Financial Institutions

On June 12, 2024, the United States Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), in coordination with the U.S. Department of State, announced a new wave of Russia sanctions that significantly expand…more

Economic Sanctions, Foreign Financial Institutions (FFI), Infrastructure, Office of Foreign Assets Control (OFAC), Popular

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Grace Dahlstrom

2025 HSR Filing Thresholds and Fee Schedule

On January 10, 2025, the Federal Trade Commission (the “FTC”) announced that it will (i) increase the dollar-based thresholds used to determine whether parties are required to notify federal antitrust authorities about a…more

Acquisitions, Antitrust Provisions, Competition, Federal Trade Commission (FTC), Filing Requirements

See all updates »

Kalyan Das

2022 Highlights from the Global Bank and Institutional Finance & Restructuring Group

$55B CLO/ Loan Facilities Represented several financial institutions in connection with CLOs (including middle-market CLOs), multi-currency loan facilities and warehouse transactions, as well as redemptions, re-pricings,…more

Banks, Consumer Lenders, Debt Restructuring, Financial Institutions, Institutional Investors

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Joaquin Diaz

Proposed Tax Relief and Jobs Package

August 22, 2023 Earlier this summer, the House Committee on Ways and Means introduced a tax relief package (the “Proposals”), which establishes a framework for potential tax changes. The Proposals are not expected to be enacted…more

Capital Gains, Foreign Investment, Negotiations, Reinvestment Funds, Small Business

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Richard DiNapoli

SEC Adopts Amendments to Increase Proxy Voting Transparency

The Securities and Exchange Commission (SEC) recently adopted rule and form amendments (Amendments) under the Investment Company Act of 1940 to enhance the information that mutual funds, exchange-traded funds, and other…more

Compliance, Disclosure Requirements, EDGAR, Golden Parachutes, Institutional Investment

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Walter Van Dorn

SEC Expands Accommodations for Nonpublic Review of Most Securities Act and Exchange Act Registration Statements

On March 3, 2025, the Securities and Exchange Commission (the “SEC”) expanded the accommodations for the confidential submission and review of registration statements under the Securities Act of 1933 (the “Securities Act”) or…more

Emerging Growth Companies, Filing Requirements, Foreign Private Issuers, Initial Public Offering (IPO), Regulation S-K

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Bradley Fay

5th Circuit District Courts Once Again Thwart the DOL’s Fiduciary Advice Regulatory Agenda

The effective dates of the Department of Labor’s new 2024 fiduciary advice rule (the “2024 Fiduciary Rule”) and the amendments to Prohibited Transaction Exemptions 84-24, 75-1, 77-4, 80-83, 83-1, 86-128, and 2020-02 (the…more

Administrative Procedure Act, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary Rule, Internal Revenue Code (IRC)

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Debra Franzese

SEC Staff Updates FAQs Regarding Marketing Rule Compliance – Gross and Net Performance

On March 19, 2025, the staff of the Division of Investment Management (the “SEC Staff”) of the Securities and Exchange Commission (the “SEC”) released an update to its Frequently Asked Questions1 (the “FAQs”) relating to…more

Compliance, Investment, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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Cassie Gallo

Musk Wins Tweet Trial

On February 3, 2023, a federal California jury found Elon Musk not liable for losses experienced by Tesla investors following his August 2018 tweet stating he had “funding secured” to take the company private. The…more

California, Class Action, Elon Musk, False Statements, Investors

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Robert Gayda

Watching the Watchers, Celebrity Status, and Harvester of Sorrow

Weight Watchers files bankruptcy after growth in GLP-1 drugs | Bloomberg via Yahoo! Finance - Having rebranded as WW International in 2018 and acquired Sequence, a telehealth company, in 2023, the 62-year-old health and…more

Bankruptcy Court, Celebrities, Celebrity Endorsements, Chapter 11, Commercial Bankruptcy

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Kimberly Giampietro

"So Long Synthetic LIBOR"

Earlier this year, the Financial Conduct Authority (FCA) exercised its powers pursuant to Article 21(3) of the Benchmarks Regulation to compel ICE Benchmark Administration (IBA) to continue publishing 1-month, 3-month and…more

Banking Sector, Borrowers, Financial Conduct Authority (FCA), ICE Benchmark Administration (IBA), Interest Rates

See all updates »

Holt Goddard

SEC Expands Accommodations for Nonpublic Review of Most Securities Act and Exchange Act Registration Statements

On March 3, 2025, the Securities and Exchange Commission (the “SEC”) expanded the accommodations for the confidential submission and review of registration statements under the Securities Act of 1933 (the “Securities Act”) or…more

Emerging Growth Companies, Filing Requirements, Foreign Private Issuers, Initial Public Offering (IPO), Regulation S-K

See all updates »

Lauri Goodwyn

SEC Extends Compliance Dates for UST Repo and Cash Transaction Clearing Rule

On February 25, 2025, the SEC released a statement extending the compliance deadlines to clear US Treasury (“UST”) repo and cash transactions under the US Treasury Clearing Rule (“Clearing Rule”) by one-year. In the statement,…more

Capital Markets, Compliance, Financial Institutions, Financial Regulatory Reform, Regulatory Requirements

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Meir Grossman

Seward & Kissel Releases Business Transactions Group 2024 Year in Review

2024 started a bit slow for the M&A market but came on strong in the second half. Seward & Kissel’s clients engaged in a wide variety of transactions around the globe involving interesting businesses in diverse industries. We…more

Acquisitions, Corporate Finance, Corporate Sales Transactions, Cross-Border Transactions, Investment

See all updates »

Marina Guacci

Employment Litigation Roundup: April 2025

Second Circuit holds employees get disability accommodations even if not necessary to perform their job - In Tudor v. Whitehall Central School District, the Second Circuit Court of Appeals vacated a lower court’s grant of…more

Americans with Disabilities Act (ADA), Appeals, Employment Litigation, Motion to Dismiss, Reasonable Accommodation

See all updates »

Ronald Hewitt

The Bristol Myers Decision: A Harsh Reminder of Registered Holder vs Beneficial Owner Actions

The United States District Court for the Southern District of New York (the “District Court”) recently issued a decision that rejected a common industry practice for trustees to be removed, appointed or to take actions based…more

Beneficial Owner, Bristol-Myers Squibb, Capital Markets, Food and Drug Administration (FDA), Standing

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Craig Hickernell

"So Long Synthetic LIBOR"

Earlier this year, the Financial Conduct Authority (FCA) exercised its powers pursuant to Article 21(3) of the Benchmarks Regulation to compel ICE Benchmark Administration (IBA) to continue publishing 1-month, 3-month and…more

Banking Sector, Borrowers, Financial Conduct Authority (FCA), ICE Benchmark Administration (IBA), Interest Rates

See all updates »

Colin Hill

Credit Union Share Certificates: A Primer

Over the last several years credit unions have sought to raise funds in the capital markets by issuing their Share Certificates through brokers or other intermediaries. Credit union shares have many of the same attributes of…more

Certiorari, Credit Unions, Due Diligence, FDIC, Financial Institutions

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Julie Hong

Home is Where Your Server Is?

On March 8, 2024, the U.S. Court of Appeals for the Second Circuit reversed and remanded a District Court decision that dismissed all claims by plaintiff crypto investors against Binance, an international electronic exchange…more

Appeals, Blue Sky Laws, Broker-Dealer, Class Action, Crypto Exchanges

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Thomas Ross Hooper

2025 HSR Filing Thresholds and Fee Schedule

On January 10, 2025, the Federal Trade Commission (the “FTC”) announced that it will (i) increase the dollar-based thresholds used to determine whether parties are required to notify federal antitrust authorities about a…more

Acquisitions, Antitrust Provisions, Competition, Federal Trade Commission (FTC), Filing Requirements

See all updates »

Edward Horton

SEC Expands Accommodations for Nonpublic Review of Most Securities Act and Exchange Act Registration Statements

On March 3, 2025, the Securities and Exchange Commission (the “SEC”) expanded the accommodations for the confidential submission and review of registration statements under the Securities Act of 1933 (the “Securities Act”) or…more

Emerging Growth Companies, Filing Requirements, Foreign Private Issuers, Initial Public Offering (IPO), Regulation S-K

See all updates »

Michael Indelicato

CrowdStrike Outage and its Form PF Implications

In May 2023, the Securities and Exchange Commission (the “SEC”) adopted amendments to Form PF, the confidential reporting form for certain SEC-registered investment advisers to private funds, requiring, among other things, large…more

Asset Management, Cybersecurity, Hedge Funds, Investment Adviser, Reporting Requirements

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Noelle Indelicato

Update: U.S. Companies and U.S. Persons No Longer Required to Provide Beneficial Ownership Information under the Corporate Transparency Act.

Following the Treasury Department’s announcement regarding the removal of fines and penalties under the Corporate Transparency Act (“CTA”), the Financial Crimes Enforcement Network (“FinCEN”) has now advised that U.S. companies…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Disclosure Requirements, Enforcement

See all updates »

Casey Jennings

DOJ Implements New Data Security Program: Data Transfer Restrictions with a National Security Focus

Effective as of April 8, 2025, the National Security Division of the U.S. Department of Justice (DOJ) has implemented a Data Security Program (the DSP) to address national security risks associated with the transfer of certain…more

China, Compliance, Data Security, Department of Justice (DOJ), Economic Sanctions

See all updates »

Russell Johnston

Undervalue at Your Own Risk: The False Claims Act Comes for Imports

While some enforcement areas have taken a pause this year, False Claims Act enforcement—especially around customs duties—is moving and likely to get busier. Just last week the U.S. Department of Justice filed a complaint…more

China, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

See all updates »

Nick Katsanos

Seward & Kissel Releases Business Transactions Group 2024 Year in Review

2024 started a bit slow for the M&A market but came on strong in the second half. Seward & Kissel’s clients engaged in a wide variety of transactions around the globe involving interesting businesses in diverse industries. We…more

Acquisitions, Corporate Finance, Corporate Sales Transactions, Cross-Border Transactions, Investment

See all updates »

Anna Katz

New Omnibus Bill Codifies M&A Broker-Dealer SEC Registration Exemption

On December 29, 2022, President Biden signed H.R.2617, the Consolidated Appropriations Act of 2023 (the “Omnibus Bill”), that included a rider in Title V establishing a statutory exemption for certain mergers and acquisitions…more

Acquisitions, Biden Administration, Broker-Dealer, Business Assets, Consolidated Appropriations Act (CAA)

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Megan Keating

Government Tax Incentives for Offshore Wind Investments

Background Offshore wind investments have become increasingly popular within the renewable energy sector due to the vital role they play in the global transition to clean energy. United States congress has created federal tax…more

Clean Energy, Greenhouse Gas Emissions, Inflation Reduction Act (IRA), Investment, Investment Tax Credits

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Lancelot King

New Restrictions on Investments into Chinese Entities: Considerations for Advisers, Private Funds, and Investors

U.S. law has long subjected foreign investments into the U.S. to review and restriction by the Committee on Foreign Investment in the United States (“CFIUS”), but outside of economic sanctions programs, has typically not…more

Artificial Intelligence, CFIUS, China, Compliance, Covered Transactions

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Rhona Kisch

“Back to the Office” Pressure Builds on Financial Service Providers Looking for High-End Office Space in NYC

One word that best describes the 2024 New York City office leasing market: resilient. Due in part to the financial services sector ramping up its “return to office” policies and a dwindling supply of Trophy and Class A office…more

City of New York, Commercial Leases, Financial Services Industry, Office Space, Return-to-Work Agreements

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Paul Koepp

New Omnibus Bill Codifies M&A Broker-Dealer SEC Registration Exemption

On December 29, 2022, President Biden signed H.R.2617, the Consolidated Appropriations Act of 2023 (the “Omnibus Bill”), that included a rider in Title V establishing a statutory exemption for certain mergers and acquisitions…more

Acquisitions, Biden Administration, Broker-Dealer, Business Assets, Consolidated Appropriations Act (CAA)

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Mark Kotwick

Pausing Bribery Prosecutions: What Companies Need to Know

Last week President Trump signed an Executive Order pausing enforcement of the nation’s most robust anti-bribery statute, the Foreign Corrupt Practices Act (“FCPA”). The EO seeks a complete overhaul of the FCPA enforcement…more

Anti-Bribery, Attorney General, Cartels, Compliance, Corporate Governance

See all updates »

Seth Kuntz

Countdown to Compliance with Tailored Shareholder Report Requirements: Key Considerations

In October 2022, the Securities and Exchange Commission (SEC) adopted amendments that will significantly alter the content, format and presentation of annual and semi-annual shareholder reports used by investment companies,…more

Corporate Governance, Investment Companies, Publicly-Traded Companies, Reporting Requirements, Securities and Exchange Commission (SEC)

See all updates »

Robert Kurucza

SEC Staff Updates FAQs Regarding Marketing Rule Compliance – Gross and Net Performance

On March 19, 2025, the staff of the Division of Investment Management (the “SEC Staff”) of the Securities and Exchange Commission (the “SEC”) released an update to its Frequently Asked Questions1 (the “FAQs”) relating to…more

Compliance, Investment, Investment Adviser, Investment Advisers Act of 1940, Investment Management

See all updates »

Danielle Lemberg

Update: U.S. Companies and U.S. Persons No Longer Required to Provide Beneficial Ownership Information under the Corporate Transparency Act.

Following the Treasury Department’s announcement regarding the removal of fines and penalties under the Corporate Transparency Act (“CTA”), the Financial Crimes Enforcement Network (“FinCEN”) has now advised that U.S. companies…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Disclosure Requirements, Enforcement

See all updates »

Adam Lesnick

Inflation Reduction Act of 2022 – Implications for Commercial Real Estate

On July 27, 2022, Senator Joe Manchin and Senate Majority Leader Chuck Schumer jointly announced that they had reached an agreement on the Inflation Reduction Act of 2022 (the “Act”). If enacted in its proposed form, the Act…more

Climate Change, Commercial Real Estate Market, Lenders, Price Inflation

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Ashley Lin

Proposed Tax Relief and Jobs Package

August 22, 2023 Earlier this summer, the House Committee on Ways and Means introduced a tax relief package (the “Proposals”), which establishes a framework for potential tax changes. The Proposals are not expected to be enacted…more

Capital Gains, Foreign Investment, Negotiations, Reinvestment Funds, Small Business

See all updates »

Catherine LoTempio

Crypto Contagion? Turmoil in the Cryptoasset Industry Foments Precedential Bankruptcies

Until yesterday, only one significant cryptoasset player had filed for bankruptcy protection in the U.S., which was Cred, Inc. in 2020. The Cred case, however, was precipitated more by fraud than any systemic issues related to…more

Coinbase, Cryptoassets, Securities and Exchange Commission (SEC)

See all updates »

Brian Maloney

DOJ Implements New Data Security Program: Data Transfer Restrictions with a National Security Focus

Effective as of April 8, 2025, the National Security Division of the U.S. Department of Justice (DOJ) has implemented a Data Security Program (the DSP) to address national security risks associated with the transfer of certain…more

China, Compliance, Data Security, Department of Justice (DOJ), Economic Sanctions

See all updates »

Andrew Matott

Crypto Contagion? Turmoil in the Cryptoasset Industry Foments Precedential Bankruptcies

Until yesterday, only one significant cryptoasset player had filed for bankruptcy protection in the U.S., which was Cred, Inc. in 2020. The Cred case, however, was precipitated more by fraud than any systemic issues related to…more

Coinbase, Cryptoassets, Securities and Exchange Commission (SEC)

See all updates »

Michael McNamara

Pausing Bribery Prosecutions: What Companies Need to Know

Last week President Trump signed an Executive Order pausing enforcement of the nation’s most robust anti-bribery statute, the Foreign Corrupt Practices Act (“FCPA”). The EO seeks a complete overhaul of the FCPA enforcement…more

Anti-Bribery, Attorney General, Cartels, Compliance, Corporate Governance

See all updates »

Olivia Meszaros

SEC Staff Issues Bright Line Guidance for Minimum Investment Amount in Offerings to Verify Accredited Investor Status under Rule 506(c) of Regulation D

On March 12, 2025, staff of the Office of Small Business Policy of the Division of Corporation Finance (the “SEC Staff”) of the Securities and Exchange Commission (the “SEC”) issued interpretive guidance in the form of a…more

Accredited Investors, Capital Markets, Investment, New Guidance, No-Action Letters

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Lauren Clise

SEC Amends Fund Reporting Requirements on Forms N-PORT and N-CEN, Issues Guidance on Liquidity Risk Management Programs

The Securities and Exchange Commission (SEC) recently adopted amendments to the reporting requirements of Forms N-PORT and N-CEN and issued guidance related to registered open-end funds’ liquidity risk management programs…more

Compliance, Form N-CEN, Form N-PORT, Liquidity Risk Management Rule, New Guidance

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Nicholas Miller

SEC Staff Updates FAQs Regarding Marketing Rule Compliance – Gross and Net Performance

On March 19, 2025, the staff of the Division of Investment Management (the “SEC Staff”) of the Securities and Exchange Commission (the “SEC”) released an update to its Frequently Asked Questions1 (the “FAQs”) relating to…more

Compliance, Investment, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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Paul Miller

Operating Business Development Companies: A Brief Overview

Business development companies (“BDCs”) were created by Congress in 1980 to serve as closed-end, venture capital funds for retail investors by financing small to mid-sized U.S. private companies. Since about 2004, BDC formations…more

Business Development Companies, Business Strategies, Capital Markets, Financial Institutions, Investment Funds

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Joseph Morrissey

Client Reminder: Required Gross Short Position and Activity Reporting by Institutional Investment Managers on Form SHO

Seward & Kissel is reminding its clients about the recent January 2, 2025 compliance date for new Rule 13f-2 (the “New Rule”) under the Securities Exchange Act of 1934 (the “Exchange Act”), as well as related reporting on Form…more

Capital Markets, Disclosure Requirements, Financial Services Industry, Form 13F, Institutional Investors

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Philip Moustakis

Undervalue at Your Own Risk: The False Claims Act Comes for Imports

While some enforcement areas have taken a pause this year, False Claims Act enforcement—especially around customs duties—is moving and likely to get busier. Just last week the U.S. Department of Justice filed a complaint…more

China, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

See all updates »

Elyse Moy

Employment Litigation Roundup: April 2025

Second Circuit holds employees get disability accommodations even if not necessary to perform their job - In Tudor v. Whitehall Central School District, the Second Circuit Court of Appeals vacated a lower court’s grant of…more

Americans with Disabilities Act (ADA), Appeals, Employment Litigation, Motion to Dismiss, Reasonable Accommodation

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David Mulle

SEC Staff Updates FAQs Regarding Marketing Rule Compliance – Gross and Net Performance

On March 19, 2025, the staff of the Division of Investment Management (the “SEC Staff”) of the Securities and Exchange Commission (the “SEC”) released an update to its Frequently Asked Questions1 (the “FAQs”) relating to…more

Compliance, Investment, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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Daniel Murphy

For Fund Managers, Tax Court Ruling Sets Limited Partners Back “As Such”

Memorandum to our Investment Management Clients and Friends - The United States Tax Court recently issued a ruling (the “Ruling”) pertaining to the possible exclusion of a limited partner’s distributive share of income from…more

Audits, Cross Motions, Fund Managers, Internal Revenue Code (IRC), Investment Funds

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Steven Nadel

SEC Staff Updates FAQs Regarding Marketing Rule Compliance – Gross and Net Performance

On March 19, 2025, the staff of the Division of Investment Management (the “SEC Staff”) of the Securities and Exchange Commission (the “SEC”) released an update to its Frequently Asked Questions1 (the “FAQs”) relating to…more

Compliance, Investment, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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Hoyoon Nam

Blades are Spinning at America’s First Large-Scale Offshore Wind Farm

The nation’s first large-scale offshore wind farm started spinning its blades on January 2nd. The wind project, known as Vineyard Wind 1, began operations near Martha’s Vineyard 15 miles off the coast of Massachusetts,…more

Appeals, Infrastructure, Offshore Wind, Renewable Energy, Wind Farm

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Joseph Nardello

SEC Amends Fund Reporting Requirements on Forms N-PORT and N-CEN, Issues Guidance on Liquidity Risk Management Programs

The Securities and Exchange Commission (SEC) recently adopted amendments to the reporting requirements of Forms N-PORT and N-CEN and issued guidance related to registered open-end funds’ liquidity risk management programs…more

Compliance, Form N-CEN, Form N-PORT, Liquidity Risk Management Rule, New Guidance

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Michele Navazio

SEC Extends Compliance Dates for UST Repo and Cash Transaction Clearing Rule

On February 25, 2025, the SEC released a statement extending the compliance deadlines to clear US Treasury (“UST”) repo and cash transactions under the US Treasury Clearing Rule (“Clearing Rule”) by one-year. In the statement,…more

Capital Markets, Compliance, Financial Institutions, Financial Regulatory Reform, Regulatory Requirements

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Jaimie Nawaday

Undervalue at Your Own Risk: The False Claims Act Comes for Imports

While some enforcement areas have taken a pause this year, False Claims Act enforcement—especially around customs duties—is moving and likely to get busier. Just last week the U.S. Department of Justice filed a complaint…more

China, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Grace Nealon

The New Investment Adviser Marketing Rule: Implications for CLO Managers and Arrangers

On December 20, 2020, the SEC adopted reforms under the Advisers Act which modernized rules that govern investment adviser advertising and payments to solicitors. On September 19, 2022, the SEC Division of Examinations published…more

Collateralized Loan Obligations, Compliance, Disclosure Requirements, Endorsements, Investment Adviser

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Kevin Neubauer

SEC Staff Updates FAQs Regarding Marketing Rule Compliance – Gross and Net Performance

On March 19, 2025, the staff of the Division of Investment Management (the “SEC Staff”) of the Securities and Exchange Commission (the “SEC”) released an update to its Frequently Asked Questions1 (the “FAQs”) relating to…more

Compliance, Investment, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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Anthony Nuland

SEC Amends Fund Reporting Requirements on Forms N-PORT and N-CEN, Issues Guidance on Liquidity Risk Management Programs

The Securities and Exchange Commission (SEC) recently adopted amendments to the reporting requirements of Forms N-PORT and N-CEN and issued guidance related to registered open-end funds’ liquidity risk management programs…more

Compliance, Form N-CEN, Form N-PORT, Liquidity Risk Management Rule, New Guidance

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Michael O'Brien

5th Circuit District Courts Once Again Thwart the DOL’s Fiduciary Advice Regulatory Agenda

The effective dates of the Department of Labor’s new 2024 fiduciary advice rule (the “2024 Fiduciary Rule”) and the amendments to Prohibited Transaction Exemptions 84-24, 75-1, 77-4, 80-83, 83-1, 86-128, and 2020-02 (the…more

Administrative Procedure Act, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary Rule, Internal Revenue Code (IRC)

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Katherine O'Donnell

SEC Amends Fund Reporting Requirements on Forms N-PORT and N-CEN, Issues Guidance on Liquidity Risk Management Programs

The Securities and Exchange Commission (SEC) recently adopted amendments to the reporting requirements of Forms N-PORT and N-CEN and issued guidance related to registered open-end funds’ liquidity risk management programs…more

Compliance, Form N-CEN, Form N-PORT, Liquidity Risk Management Rule, New Guidance

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Carmella O'Hanlon

OFAC Announces Wind Down of Chevron’s Oil Operations in Venezuela

On March 4, 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued Venezuela General License 41A, “Authorizing the Wind Down of Certain Transactions Related to Chevron Corporation’s Joint…more

Chevron, Compliance, Economic Sanctions, Energy Sector, Export Controls

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Sagar Patel

The Bristol Myers Decision: A Harsh Reminder of Registered Holder vs Beneficial Owner Actions

The United States District Court for the Southern District of New York (the “District Court”) recently issued a decision that rejected a common industry practice for trustees to be removed, appointed or to take actions based…more

Beneficial Owner, Bristol-Myers Squibb, Capital Markets, Food and Drug Administration (FDA), Standing

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Anne Patin

Pausing Bribery Prosecutions: What Companies Need to Know

Last week President Trump signed an Executive Order pausing enforcement of the nation’s most robust anti-bribery statute, the Foreign Corrupt Practices Act (“FCPA”). The EO seeks a complete overhaul of the FCPA enforcement…more

Anti-Bribery, Attorney General, Cartels, Compliance, Corporate Governance

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Bruce Paulsen

OFAC Announces Wind Down of Chevron’s Oil Operations in Venezuela

On March 4, 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued Venezuela General License 41A, “Authorizing the Wind Down of Certain Transactions Related to Chevron Corporation’s Joint…more

Chevron, Compliance, Economic Sanctions, Energy Sector, Export Controls

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Camille Paulus

Inflation Reduction Act of 2022 – Implications for Commercial Real Estate

On July 27, 2022, Senator Joe Manchin and Senate Majority Leader Chuck Schumer jointly announced that they had reached an agreement on the Inflation Reduction Act of 2022 (the “Act”). If enacted in its proposed form, the Act…more

Climate Change, Commercial Real Estate Market, Lenders, Price Inflation

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Madison Pesce

Nasdaq Proposes Modifications to Delisting Process for Securities Failing to Maintain Compliance with Minimum Bid Price Requirement

On August 6, 2024, the Nasdaq Stock Market LLC (“Nasdaq”) submitted proposed rule changes to the U.S. Securities and Exchange Commission (“SEC”). If adopted, the revised rules would modify the Nasdaq delisting process in respect…more

Appeals, Bids, Compliance, Delisting, Investor Protection

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Kurt Plankl

"So Long Synthetic LIBOR"

Earlier this year, the Financial Conduct Authority (FCA) exercised its powers pursuant to Article 21(3) of the Benchmarks Regulation to compel ICE Benchmark Administration (IBA) to continue publishing 1-month, 3-month and…more

Banking Sector, Borrowers, Financial Conduct Authority (FCA), ICE Benchmark Administration (IBA), Interest Rates

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Patricia Poglinco

SEC Staff Updates FAQs Regarding Marketing Rule Compliance – Gross and Net Performance

On March 19, 2025, the staff of the Division of Investment Management (the “SEC Staff”) of the Securities and Exchange Commission (the “SEC”) released an update to its Frequently Asked Questions1 (the “FAQs”) relating to…more

Compliance, Investment, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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Logan Reitz

First Coinbase, Now Binance: Big Fish in Choppy Waters

Last week, the SEC took dead aim at Coinbase. This week, the CFTC did the same to Binance and its ubiquitous boss popularly known as CZ. On March 27, 2023, the Commodity Futures Trading Commission (“CFTC”) filed a civil…more

Anti-Money Laundering, CFTC, Civil Monetary Penalty, Coinbase, Compliance

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Christopher Riccardi

SEC Staff Updates FAQs Regarding Marketing Rule Compliance – Gross and Net Performance

On March 19, 2025, the staff of the Division of Investment Management (the “SEC Staff”) of the Securities and Exchange Commission (the “SEC”) released an update to its Frequently Asked Questions1 (the “FAQs”) relating to…more

Compliance, Investment, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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Andrew Robertson

"So Long Synthetic LIBOR"

Earlier this year, the Financial Conduct Authority (FCA) exercised its powers pursuant to Article 21(3) of the Benchmarks Regulation to compel ICE Benchmark Administration (IBA) to continue publishing 1-month, 3-month and…more

Banking Sector, Borrowers, Financial Conduct Authority (FCA), ICE Benchmark Administration (IBA), Interest Rates

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Shayna Roth

5th Circuit District Courts Once Again Thwart the DOL’s Fiduciary Advice Regulatory Agenda

The effective dates of the Department of Labor’s new 2024 fiduciary advice rule (the “2024 Fiduciary Rule”) and the amendments to Prohibited Transaction Exemptions 84-24, 75-1, 77-4, 80-83, 83-1, 86-128, and 2020-02 (the…more

Administrative Procedure Act, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary Rule, Internal Revenue Code (IRC)

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Lawrence Rutkowski

Promissory Notes

A promissory note, in its simplest form, is an instrument by which a Borrower (the Maker) acknowledges its obligation to repay the Lender (the Payee). Historically, Lenders required Borrowers to enter into both a credit…more

Borrowers, Credit Agreements, Endorsements, Interest Rates, Lenders

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S. John Ryan

New Option: Rollover From 529 Account to Roth IRA

Federal income tax law offers tax advantages to taxpayers that save money in specially designated accounts earmarked for future educational expenses (“529 Accounts”). In addition, federal income tax law also incentivizes saving…more

529 Plans, Beneficiaries, Contribution Limits, Education Expenses, Incentives

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Scott Sambur

2022 Year-End and 2023 Planning

As the year is drawing to a close, we offer you some general advice regarding year-end planning and updated inflation-adjusted figures for 2023. Annual Exclusion Gifts - In 2022, the annual exclusion amount is $16,000…more

529 Plans, Beneficiaries, Charitable Donations, Corporate Transparency Act, Estate Tax

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Peter Shea

Operating Business Development Companies: A Brief Overview

Business development companies (“BDCs”) were created by Congress in 1980 to serve as closed-end, venture capital funds for retail investors by financing small to mid-sized U.S. private companies. Since about 2004, BDC formations…more

Business Development Companies, Business Strategies, Capital Markets, Financial Institutions, Investment Funds

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Ian Silver

“Back to the Office” Pressure Builds on Financial Service Providers Looking for High-End Office Space in NYC

One word that best describes the 2024 New York City office leasing market: resilient. Due in part to the financial services sector ramping up its “return to office” policies and a dwindling supply of Trophy and Class A office…more

City of New York, Commercial Leases, Financial Services Industry, Office Space, Return-to-Work Agreements

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Andrew Silverstein

2022 Highlights from the Global Bank and Institutional Finance & Restructuring Group

$55B CLO/ Loan Facilities Represented several financial institutions in connection with CLOs (including middle-market CLOs), multi-currency loan facilities and warehouse transactions, as well as redemptions, re-pricings,…more

Banks, Consumer Lenders, Debt Restructuring, Financial Institutions, Institutional Investors

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Craig Sklar

Seward & Kissel Releases Business Transactions Group 2024 Year in Review

2024 started a bit slow for the M&A market but came on strong in the second half. Seward & Kissel’s clients engaged in a wide variety of transactions around the globe involving interesting businesses in diverse industries. We…more

Acquisitions, Corporate Finance, Corporate Sales Transactions, Cross-Border Transactions, Investment

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Julia Spivack

SEC Files First Reg BI Action Against Broker-Dealer

On June 15, 2022, the Securities and Exchange Commission (“SEC”) filed a complaint against California-based broker-dealer Western International Securities, Inc. (“Western”) alleging violations of Regulation Best Interest (“Reg…more

Best Interest Standard, Broker-Dealer, Enforcement Actions, Fiduciary Duty, Financial Services Industry

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Blair Springer

Vineyard Wind Update: Offshore Cable Installation Underway

Submarine cable laying is well underway for the Vineyard Wind 1 windfarm located off the coast of Martha’s Vineyard. When operational (currently scheduled for later this year), Vineyard Wind 1 is expected to be America’s first…more

Infrastructure, Offshore Wind, Renewable Energy

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Steven Starr

Net Asset Value Credit Facilities: Key Issues And The Current Market

Net asset value based credit facilities (“NAV Facilities”) are credit facilities pursuant to which the availability thereunder is based on the net asset value of the investments of the borrower, typically a private fund. The…more

Borrowers, Credit Facilities, Employee Retirement Income Security Act (ERISA), Insolvency, Interest Rates

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Hume Steyer

2022 Year-End and 2023 Planning

As the year is drawing to a close, we offer you some general advice regarding year-end planning and updated inflation-adjusted figures for 2023. Annual Exclusion Gifts - In 2022, the annual exclusion amount is $16,000…more

529 Plans, Beneficiaries, Charitable Donations, Corporate Transparency Act, Estate Tax

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David Stutzman

Update: U.S. Companies and U.S. Persons No Longer Required to Provide Beneficial Ownership Information under the Corporate Transparency Act.

Following the Treasury Department’s announcement regarding the removal of fines and penalties under the Corporate Transparency Act (“CTA”), the Financial Crimes Enforcement Network (“FinCEN”) has now advised that U.S. companies…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Disclosure Requirements, Enforcement

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Lori Sullivan

2022 Year-End and 2023 Planning

As the year is drawing to a close, we offer you some general advice regarding year-end planning and updated inflation-adjusted figures for 2023. Annual Exclusion Gifts - In 2022, the annual exclusion amount is $16,000…more

529 Plans, Beneficiaries, Charitable Donations, Corporate Transparency Act, Estate Tax

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Kris Swiatek

SEC Staff Updates FAQs Regarding Marketing Rule Compliance – Gross and Net Performance

On March 19, 2025, the staff of the Division of Investment Management (the “SEC Staff”) of the Securities and Exchange Commission (the “SEC”) released an update to its Frequently Asked Questions1 (the “FAQs”) relating to…more

Compliance, Investment, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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David Tang

Private Equity Side Letters Post-ILPA 3.0

In June 2019, the Institutional Limited Partners Association (“ILPA”) released the third edition of its private equity industry best practices principles fostering transparency, governance and alignment of interests for general…more

Best Practices, Coronavirus/COVID-19, Disclosure Requirements, Environmental Social & Governance (ESG), Governance Standards

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Samuel Thomas

2022 Year-End and 2023 Planning

As the year is drawing to a close, we offer you some general advice regarding year-end planning and updated inflation-adjusted figures for 2023. Annual Exclusion Gifts - In 2022, the annual exclusion amount is $16,000…more

529 Plans, Beneficiaries, Charitable Donations, Corporate Transparency Act, Estate Tax

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Michael Timpone

Fifth Circuit Reverses Bankruptcy Court’s Ruling on Lenders’ Sacred Right of Pro Rata Repayment in Uptiering Transaction

On December 31, 2024, the Fifth Circuit Court of Appeals overturned the Bankruptcy Court for the Southern District of Texas’ (the “Bankruptcy Court”) decision that the exchange by certain lenders of Serta Simmons Bedding, LLC…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Credit Agreements

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Anthony Tu-Sekine

SEC v. Coinbase. SEC Leaves the Field.

On February 27, 2025, the Securities and Exchange Commission formally abandoned its enforcement action against Coinbase…more

Coinbase, Compliance, Cryptoassets, Cryptocurrency, Digital Assets

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Robert Van Grover

SEC Staff Updates FAQs Regarding Marketing Rule Compliance – Gross and Net Performance

On March 19, 2025, the staff of the Division of Investment Management (the “SEC Staff”) of the Securities and Exchange Commission (the “SEC”) released an update to its Frequently Asked Questions1 (the “FAQs”) relating to…more

Compliance, Investment, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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Valentino Vasi

July 2022 U.S. Federal Income Tax Updates

This Memorandum highlights several important U.S. federal income tax developments in the summer of 2022, including: (i) the Supreme Court agreeing to hear an FBAR penalty case, (ii) the Internal Revenue Service (“IRS”) issuing…more

Charitable Organizations, Conservation Easements, FBAR, Foreign Currency, Foreign Investment

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Daniel Viola

Update: U.S. Companies and U.S. Persons No Longer Required to Provide Beneficial Ownership Information under the Corporate Transparency Act.

Following the Treasury Department’s announcement regarding the removal of fines and penalties under the Corporate Transparency Act (“CTA”), the Financial Crimes Enforcement Network (“FinCEN”) has now advised that U.S. companies…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Disclosure Requirements, Enforcement

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Robert Walder

Down to the Wire: Citibank Wins Big in Revlon Appeal

In a long-anticipated decision, on September 8, 2022, the United States Court of Appeals for the Second Circuit (the “Second Circuit”) vacated the judgment of the Southern District of New York (the “District Court”) in, In re…more

Appeals, Citibank, Corporate Counsel, Debt, Loans

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Michael Watling

Undervalue at Your Own Risk: The False Claims Act Comes for Imports

While some enforcement areas have taken a pause this year, False Claims Act enforcement—especially around customs duties—is moving and likely to get busier. Just last week the U.S. Department of Justice filed a complaint…more

China, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Anna Weigand

SEC Amends Fund Reporting Requirements on Forms N-PORT and N-CEN, Issues Guidance on Liquidity Risk Management Programs

The Securities and Exchange Commission (SEC) recently adopted amendments to the reporting requirements of Forms N-PORT and N-CEN and issued guidance related to registered open-end funds’ liquidity risk management programs…more

Compliance, Form N-CEN, Form N-PORT, Liquidity Risk Management Rule, New Guidance

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Robert Wood

"So Long Synthetic LIBOR"

Earlier this year, the Financial Conduct Authority (FCA) exercised its powers pursuant to Article 21(3) of the Benchmarks Regulation to compel ICE Benchmark Administration (IBA) to continue publishing 1-month, 3-month and…more

Banking Sector, Borrowers, Financial Conduct Authority (FCA), ICE Benchmark Administration (IBA), Interest Rates

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Jack Yoskowitz

Undervalue at Your Own Risk: The False Claims Act Comes for Imports

While some enforcement areas have taken a pause this year, False Claims Act enforcement—especially around customs duties—is moving and likely to get busier. Just last week the U.S. Department of Justice filed a complaint…more

China, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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