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Private Fund Advisers Rule Litigation


Private Fund Advisers, Breathe Easier: Fifth Circuit Vacates Private ...

The New Orleans-based US Court of Appeals for the Fifth Circuit (Court), on June 5, 2024, vacated the new private fund rules (Private Fund Rules) adopted by ...

5th Circuit Strikes Down Private Fund Adviser Rules

On June 5, 2024, the United States Court of Appeals for the Fifth Circuit (Fifth Circuit) vacated new rules applicable to advisers to private funds.

Fifth Circuit Strikes Down SEC Private Fund Adviser Rule

On June 5, the U.S. Court of Appeals for the Fifth Circuit struck down an SEC final rule that would have substantially increased private ...

The Lawsuit Against a New SEC Rule Could Harm Investor ...

The rule will require private funds and their advisers to provide investors with regular account statements, standardized fee and expense ...

Fifth Circuit ruling could curb SEC rulemaking - Carta

UPDATE: On June 5, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated the SEC's private fund adviser rules in their entirety.

Fifth Circuit Strikes Down Private Fund Adviser Rules - Insights

In a significant decision released Wednesday morning, a unanimous three-judge panel for the U.S. Court of Appeals for the Fifth Circuit ...

Fifth Circuit Vacates Private Fund Adviser Rule | Paul, Weiss

On June 5, 2024, the U.S. Court of Appeals for the Fifth Circuit issued a decision in a case brought by six private fund industry groups ...

Fifth Circuit Rules SEC Exceeded Its Authority in Adopting Private ...

... Private Fund Advisers Rule” and, accordingly, vacated the Rule in full ... legal agreements by private fund sponsors and private fund investors.

Taking Stock of the Private Funds Rules Litigation After Oral ...

Goldstein Limitation on Clients for Advisers Act purposes - Goldstein was a Supreme Court decision that vacated a rule that would have required ...

U.S. Fifth Circuit Court of Appeals Vacates Private Funds Rules

On June 5, 2024, the U.S. Fifth Circuit Court of Appeals (Fifth Circuit) issued an opinion that vacated the U.S. Securities and Exchange ...

Private Fund Advisers Rule Litigation: SEC Passes on Supreme ...

September 5, 2024 - The deadline has passed for the SEC to submit a petition for certiorari to the Supreme Court of the United States in connection with the ...

Fifth Circuit Vacates Private Fund Adviser Rules in Entirety

... Private Fund Managers et. al. vs. Securities and Exchange Commission, the lawsuit brought by a group of trade associations representing the ...

Appeals Court Determines to Vacate Private Fund Advisers Rule

The Court's judgment, which is issued alongside the decision articulating its reasoning, declares that the Private Fund Advisers Rule shall be ...

Lawsuit Challenges Private Fund Adviser Rules - Proskauer Rose LLP

On Friday, September 1, 2023, a lawsuit was filed with the federal Court of Appeals in the Fifth Circuit challenging the validity and ...

Fifth Circuit Vacates Private Fund Adviser Rules - Mayer Brown

The court held that Section 913 of the Dodd-Frank Act (and, thus, Section 211(h) of the Advisers Act) “has nothing to do with private funds” and ...

Federal Court Scraps SEC Private Fund Advisers Rule

The United States Court of Appeals for the Fifth Circuit vacated the SEC's recently adopted Private Fund Adviser Rule on June 5, 2024.

Fifth Circuit Vacates the Private Funds Rules And ... - Goodwin

Specifically, the Court found that the SEC cannot issue rules that affect the “internal governance structure” of private funds, with a ...

Private Funds Industry Sues SEC over New Private Fund Adviser Rule

Investors have worked with the private fund advisers to develop mutually beneficial contractual terms for many years. The new rules will harm the thriving ...

MFA Files Lawsuit Against SEC to Prevent Adoption of Private Fund ...

MFA Files Lawsuit Against SEC to Prevent Adoption of Private Fund Adviser Rule · Needlessly limiting the right of private fund advisers and their investors to ...

Private Fund Advisers Litigation: The SEC Responds - LSTA

The litigation is based on the belief that the SEC exceeded its statutory authority and acted arbitrarily and capriciously in adopting the PFA Rule.