In the September 2013 Private Equity Manager's challenge, Pepper Hamilton partners Christopher Rossi and Gregory Nowak explain when a firm may need to consider registering as a brokerdealer with the SEC. THE CHALLENGE Can the employees of ABC Capital, a private equity firm and investment advisor to PE Fund I, solicit potential investors for PE Fund II without ABC Capital being required to register as a broker-dealer? (Editors note: A more complete response to this month’s challenge, which addresses deal fees and...

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Background: Following receipt of feedback on its January 2013 consultation on corporate governance for the financial services industry, the Cayman Islands Monetary Authority (“CIMA”) has proposed a Statement of Guidance on Corporate Governance specifically for Mutual Funds (“SOG-MF”). The SOG-MF provides for the first time in the Cayman Islands bespoke guidance on corporate governance standards specifically for the mutual funds industry. The SOG-MF will extend not only to licenced funds, but also to Cayman registered and administered funds (“Funds”). The proposed...

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EACCNY member Stylewhile, a Finnish fashion startup, has raised a new financing round of 850.000 USD to extend the virtual clothing try-on and shopping experience to the iPad. Investors in the round were Hardwick Overseas, lead investor and an investment company managed by Jari Ovaskainen, Reaktor POLTE, Lifeline Ventures and Tekes. Stylewhile brings together fashion retailers and allows women to try on clothes online, helping them to buy outfits that suit their style and body type. The Stylewhile platform was...

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We are pleased to announce Acquisition Finance Magazine (ACQ) named EACC New york Member DeVore & DeMarco LLP as “Boutique Law Firm of the Year” in Intellectual Property in its 2013 ACQ Global Awards. Since 2005, the ACQ Global Awards have been celebrating achievement, innovation and brilliance in their annual awards.  The ACQ Awards for Excellence recognize individuals and organizations who exhibit exceptional innovation, leadership, brilliance, and momentum within their specific industries.  ACQ operates an independent nomination process where award winners...

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The legislative torrent has been virtually unprecedented in the area of workplace privacy.  In a single season, spring 2013, seven states enacted social media password protection legislation, bringing the total number of states to 11 since Maryland enacted the first such law in May 2012.  Bills are pending in more than 20 other states.  The current roster of states, dominated by the Rocky Mountain Region and the Far West, is as follows:  Arkansas, California, Colorado, Illinois, Maryland, Michigan, Nevada,...

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Federal agencies have released their spring 2013 regulatory agendas outlining the rules they will likely propose or issue in final form during the next six-month period.  While agencies often stray from their stated goals and deadlines, the agendas provide a glimpse of the issues and topic areas agencies such as the Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC), and Department of Health and Human Services (HHS) consider priorities. The latest agenda reveals that the Obama administration plans...

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Companies are facing more and more legal disputes and as a result, are increasing the size of their legal departments while focusing on a variety of alternative means of dealing with potential litigation, according to AlixPartners' Litigation and Corporate Compliance Survey.¹ As such lawsuits grow more costly and more complex, companies have begun to reassess their compliance programs and implement new tools and processes that can reduce litigation-related risks. Litigation—and Costs—on the Rise Amid tighter regulations and more and more regulatory...

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For the third time in the last four months, the Trepp CMBS delinquency rate fell significantly. The rate dropped 17 basis points last month, bringing the delinquency rate for US commercial real estate loans in CMBS to 8.48% in July. This improvement comes on the heels of a 42-basis-point drop in June and a 47-basis-point plunge in April. Only a four-basis-point increase in May interrupted the recent gains in the delinquency picture. The Trepp delinquency rate is now 123 basis...

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Second Highest Monthly Volume; Loss Severity Falls After a spike in loss severity last month, July saw a big jump in liquidated CMBS loan volume and a concurrent drop in loss severity. July brought the second highest liquidation volume since TreppWire started tracking the number in January of 2010. July liquidations totaled $2.05 billion, relative to the 12-month moving average of $1.35 billion. The highest monthly liquidated volume was in November 2011 with $2.10 billion in liquidated loans. While November 2011...

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On July 18, 2013, the Securities and Exchange Commission (SEC) entered into a memorandum of understanding (MOU) with various member states of the European Union (EU) and European Economic Area (EEA) formalizing an agreement that facilitates the sharing of information and other assistance between the regulators in relation to private fund managers with operations that are subject to oversight in the United States and in one of the European jurisdictions. The SEC and the European Securities and Markets Authority (ESMA),...

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