On June 30, 2014, the SEC issued long-awaited guidance on an investment adviser’s use of third-party proxy advisory firms such as ISS and Glass Lewis. Due to a number of regulatory developments over the past ten years, investment advisers have largely outsourced to third-party proxy advisory firms Continue Reading
U.S. Brokers Doing Business Overseas
Recently, regulators have made inquiries about the lawfulness of U.S. brokerage firms soliciting foreign clients. The regulators want to know under what exemptions or rules U.S. firms can do business overseas. This is a new trend.BackgroundIn years past, U.S. financial firms, when doing business Continue Reading
Health Law Insights Newsletter – Issue 4
McCarter & English, LLP’s Health Care Group presents the June 2014 issue of Health Law Insights, which discusses the latest legal issues in the health care industry. Federal Updates CMS Publishes Final Rule on Part D and Medicare Advantage RuleProposed Rule to Extend Certified Continue Reading
D.C. Circuit Overturns Lower Court Ruling and Reaffirms the Ability of In-House Counsel to Conduct Internal Investigations
In a significant decision issued last week reaffirming the importance of the attorney-client privilege in connection with internal investigations, the U.S. Court of Appeals for the D.C. Circuit reversed a lower court ruling that would have considerably hampered the ability of in-house counsel to Continue Reading
What Private Equity Fund Managers Need to Know About SEC Examinations
Prior to the passage of the Dodd-Frank Act, a private equity manager was exempt from federal regulation under the Investment Advisers Act of 1940 (the “Advisers Act”) so long as it managed fewer than 15 private equity funds. The Dodd-Frank Act overhauled the regulatory landscape by requiring a Continue Reading
Regulating Your Grocery Cart: The Push for GMO Labeling
If you produce, manufacture, sell, or distribute food products, you may be affected by the various state laws concerning the labeling of certain foods derived from genetically modified organisms (“GMO”). In particular, you should be aware of Vermont’s new GMO labeling law, commonly referred to Continue Reading
Health Law Insights Newsletter – Issue 3
McCarter & English, LLP’s Healthcare Group presents the May 2014 issue of Health Law Insights, which discusses the latest legal issues in the health care industry. Federal UpdatesCMS Issues Final Rule Designed to Streamline Medicare Regulatory RequirementsOIG Proposed Rules Would Boost Use of Continue Reading
Deciding Whether to Sell the Company? Here Are Some Considerations for Boards of Directors
A heads up to directors considering whether to sell the company: recent Delaware court decisions have demonstrated the potential perils of passively following the advice of financial advisers, particularly where the adviser may have conflicted interests. Here are some key take aways. Don’t Continue Reading
Health Law Insights Newsletter – Issue 2
McCarter & English, LLP’s Healthcare Group presents the April 2014 issue of Health Law Insights, which discusses the latest legal issues in the health care industry. Federal UpdatesCenters for Medicare & Medicaid Services Issues Guidance for Meaningful Use Hardship ExceptionCMS Initiates Continue Reading
IRS Issues Guidance on Recognition of Same-Sex Marriage Under Tax-Qualified Retirement Plans
On April 4, 2014, the Internal Revenue Service issued Notice 2014-19 providing guidance on the application of the U.S. Supreme Court’s decision in United States v. Windsor (“Windsor”) to tax-qualified retirement plans (such as 401(k), profit sharing, and defined benefit plans). The Continue Reading