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Featured Article SEC Staff Statement on Private Credit and Practical Expedient Valuation

The statement is directed primarily at registered closed-end, interval and tender offer funds, BDCs, and private funds registered under the Exchange Act, but its concepts apply equally to any fund holding private credit or fund interests acquired through secondaries.

Read Article about SEC Staff Statement on Private Credit and Practical Expedient Valuation
Analytical Note

ESG Implementation Failure

The fund manager was charged by the SEC and ordered to pay an unusually high penalty.

Analytical Note

SEC Charges SolarWinds with Making Misstatements about Cybersecurity

SolarWinds and its chief information security officer were charged with ten violations of the Federal securities laws.

Analytical Note

2024 Division of Examinations Priorities

This note focuses on the priorities relevant to alternative investment platforms and other private fund managers.

Analytical Note

SEC Adopts Amendments to Beneficial Ownership Reporting

The new rules will most likely be effective in the first quarter of 2024.

Analytical Note

SEC Enforcement related to Accelerated Monitoring Fees, and a GP-Led Transaction

This is the first private funds manager charged with Duty of Care and fiduciary duty violations.

Our AI Regulatory Tracker provides an overview of key federal, state, and international policies relating to AI legislation and depicts SEC enforcement cases that relate to AI or cybersecurity violations.
Analytical Note

Standalone Compliance Rule Enforcement Action Caused by Recidivism

Compliance Rule enforcement cases are usually pursued only in edge cases and in cases of recidivist behavior.

Analytical Note

Five Managers Charged with Violating the Audit Exemption of the Custody Rule

This is the second set of cases brought as part of a targeted Custody Rule sweep.

Analytical Note

Real Estate Manager Used “May” Language and Failed to Disclose a Related Party Fee

The case involved undisclosed brokerage fees paid by a fund to an affiliated deal sourcing entity.

Analytical Note

Analysis of the SEC’s Private Fund Adviser Rules Package

Despite significant changes from the proposed package, the rules will still have a material impact on managers.

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