Our global advisory team provides regulatory, global distribution, and investment management advice to startup and established fund sponsors across the entire private fund lifecycle, including fund formation, regulatory compliance, government enforcement, global distribution, trading, and the ongoing operations of funds and their sponsors. We work side by side with our fund formation and deal teams to address specific regulatory issues, including:
Regulatory compliance
We help fund sponsors understand and satisfy filing, registration, and compliance obligations in U.S. and non-U.S. jurisdictions. In addition to standard regulatory compliance matters for U.S. investment advisers and broker-dealers, we consult on deals that involve the acquisition of globally regulated financial services companies, and how best to structure transactions in light of applicable regulations. We are often called on to help clients navigate the conflicts of interest faced by diversified, global financial services organizations and introduced by multi-party deal structures.
Global Distribution
Our knowledge of U.S. and foreign rules regarding marketing and advertising by fund sponsors and placement agents is unparalleled. Fund sponsors regularly seek our assistance when assessing whether and how to market the performance of funds and their managers, including performance of investment professionals at prior firms. We also have significant experience providing comprehensive advice on overlapping marketing rules (private offerings, RIA advertising, BD sales, and non-U.S. regulations), an area of frequent frustration for fund managers.
Management and Operations
Drawing on decades of experience representing diverse investment managers, we provide practical, actionable advice to fund sponsors on management issues that arise outside the fundraising and deal making process. We have a deep understanding of trading and execution, derivatives, performance reporting, portfolio manager liftouts, and nearly every issue that can arise in the entire lifecycle of a private fund manager.
Following earlier announcements as to the efficacy of vaccine trials by pharmaceutical companies Pfizer, Inc. (Pfizer) and Moderna, Inc. on November 20, 2020, Pfizer and BioNTech submitted applications for emergency use authorization to the U.S. Food and Drug Administration (FDA) for their COVID-19 vaccinations.
The Australian Government has announced a number of changes to its migration policies in September in response to the ongoing COVID-19 pandemic. This alert collates some of the recently announced changes that are most relevant to employers in Australia.
On 7 January 2021, the U.S. Equal Employment Opportunity Commission (EEOC) proposed two new rules designed to clarify the scope of incentives that employers may offer employees as part of a wellness program without violating the Americans with Disabilities Act (ADA) or Genetic Information Nondiscrimination Act (GINA).
On 23 December 2020, Judge Catherine Blake of the U.S. District Court for the District of Maryland granted the Pharmaceutical Research and Manufacturers of America (PhRMA) a 14-day nationwide temporary restraining order, preventing the Centers for Medicare and Medicaid Services (CMS) from implementing and enforcing its Most Favored Nation (MFN) interim final rule (MFN Rule) scheduled to take effect on 1 January 2021.
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