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1
The IMPROVE Act Summary
Yesterday (December 11, 2018), the House passed H.R. 7217, the Improving Medicaid Programs and Opportunities for Eligible Beneficiaries (IMPROVE) Act.
United States
3 Jan 2019
2
Summary Of The IMPROVE Act
Yesterday (December 11, 2018), the House passed H.R. 7217, the Improving Medicaid Programs and Opportunities for Eligible Beneficiaries (IMPROVE) Act.
United States
19 Dec 2018
3
Labor Department Issues FAQs Explaining Aspects Of The 2016 Final Fiduciary Rule
In April of this year, the Department of Labor issued a suite of rules expanding the class of persons and entities who are fiduciaries for purposes of ERISA and the Internal Revenue Code...
United States
11 Nov 2016
4
In GAMCO v. Vivendi, The Second Circuit Affirms That Value Investors Can Rely On The Fraud-On-The-Market Presumption Unless Specific Facts Establish Non-Reliance
On September 27, 2016, the Second Circuit ruled against a value investor in an opt-out action brought in the continuing Vivendi litigation.
United States
17 Oct 2016
5
Court In LendingClub Class Action Requires Due Diligence By Lead Plaintiff Before Approving Lead Counsel
In this opinion, the Court appointed WPERP as lead plaintiff but opted for an unusual strategy with regard to lead counsel for the class.
United States
28 Sep 2016
6
Mass. District Court Holds Private Equity Funds Liable For A Portfolio Entity's Pension Benefits
The Private Equity Practice has been getting an increasing number of calls related to the decision made earlier this spring.
United States
16 Sep 2016
7
Virtus Investment Partners Asks The Court To Certify For Interlocutory Appeal Its Decision On Loss Causation Concerning Mutual Fund Disclosures
Although this blog is focused typically on opportunities for institutional investors to recover losses as class members or plaintiffs, we think this decision in Youngers v. Virtus Investment Partners, Inc., may also be of interest.
United States
14 Sep 2016
8
Dutch Foundation Dismissed For Inadequate Safeguarding Of Members' Interests
On June 29, 2016, the Dutch Court of East Brabant dismissed a foundation's claims against Rabobank Group for alleged unlawful selling of interest rate swaps...
United States
20 Jul 2016
9
United States
20 Jul 2016
10
The Department Of Labor's 2016 Final Fiduciary And Conflict Of Interest Regulations: The Principal Transactions Exemption
This post continues our examination of the Department of Labor's suite of final fiduciary and conflict of interest regulations.
United States
15 Jun 2016
11
The Department Of Labor's 2016 Final Fiduciary And Conflict Of Interest Rule: The Best Interest Contract Exemption
Last month the U.S. Department of Labor published a suite of final regulations governing the fiduciary status of, and prescribing conflict of interest rules that apply to, persons who provide investment advice...
United States
1 Jun 2016
12
The Department Of Labor's 2016 Final Fiduciary And Conflict Of Interest Regulations: The New Fiduciary Standard
With this post, we begin our substantive explanation of the Department of Labor's suite of final fiduciary and conflict of interest regulations.
United States
19 May 2016
13
Private Equity Funds, Controlled Groups, And Multi-Employer Plan Withdrawal Liability: The Lessons Of Sun Capital Partners vs. New England Teamsters And Trucking Industry Pension Fund
Both the Internal Revenue Code and the Employee Retirement Income Security Act contain rules that aggregate trades and businesses under common control.
United States
18 Apr 2016
14
Hold On To Your (Fiduciary) Hats: The Countdown To Compliance With The Department Of Labor's Final Fiduciary Rules Begins
After six years in the hopper, the Department of Labor finally issued final fiduciary regulations late last week that will greatly impact a wide variety of stakeholders.
United States
15 Apr 2016
15
Fund Manager Annual Update
The SEC brought a record number of enforcement actions against investment advisers in 2015, resulting in approximately $4.2 billion in sanctions.
United States
8 Mar 2016
16
The Credit Default Swap Settlement – Antitrust Cases Provide Recovery Opportunities For Institutional Investors
Recently, class plaintiffs moved for the preliminary approval of a $1.865 billion settlement of the Credit Default Swap Antitrust Litigation.
United States
6 Nov 2015
17
Standing of Petrobras Opt-Out Plaintiffs Challenged
A recent motion to dismiss filed by the defendants in the In re Petrobras Securities Litigation, No. 14-cv-9662 (S.D.N.Y.) consolidated litigation challenges the standing of several institutional opt-out plaintiffs.
United States
16 Oct 2015
18
Investment Fund Violates "Investment-Only" HSR Exemption
This matter provides concrete and expanded guidance regarding conduct the FTC has deemed inconsistent with the investment-only exemption to the HSR Act's reporting requirements.
United States
27 Aug 2015
19
Massachusetts Supreme Judicial Court Takes Expansive View Of Investment Advisor's Liability Under Blue Sky Law In Hays V. Ellrich
Last week, the Massachusetts Supreme Judicial Court (SJC) handed down Hays v. Ellrich, a decision with important implications for the investor advising community.
United States
17 Jun 2015
20
U.S. Department Of Labor Re-Proposes Rules Governing The Definition Of "Fiduciary"—Part 4: The Impact On 401(k) Plan Consultants To Mid-Sized And Small Plans
This post highlights the significant impact the proposed regulations may have on advisers to mid-sized and small 401(k) retirement plans if adopted.
United States
3 Jun 2015
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