Investments in private markets are rapidly becoming an essential part of a well-rounded investment portfolio, especially for ultra-high-net-worth individuals and families. According to Ernst & Young, the assets under management in private markets more than doubled from $9.7 trillion in 2012 to $22.6 trillion in 2022. This growth is projected to continue, with an estimated $72.6 trillion expected to be transferred to heirs by 2045, marking the largest intergenerational wealth transfer in history.

Beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act (CTA) are now back in effect. As a result, all entities subject to the CTA are once again obligated to file BOI reports with FinCEN.

Following the most recent order from the U.S. District Court for the Eastern District of Texas in Smith v.

Hedge Clauses and the SEC’s Position

Hedge clauses are provisions in investment advisory agreements that aim to limit an adviser’s liability for certain actions or outcomes. The U.S. Securities and Exchange Commission (the “SEC”) has expressed the position that such clauses can mislead clients into thinking they cannot exercise their legal rights and…

SEC Charges Companies for Failing to Timely File Form D in Violation of Regulation D

On December 20, 2024, the U.S. Securities and Exchange Commission (the “SEC”) announced charges against two private companies and one registered investment adviser (the “Parties”).  These charges asserted that the Parties violated Rule 503 of Regulation…

The Public Utility Commission of Texas (PUC) has adopted 16 TAC § 25.114 (available here), requiring certain virtual currency mining facilities (VCMFs) to register as “large flexible loads” if they receive more than 75 MW of retail electricity in the ERCOT region and have an interruptible load of at least 10% of the…

On January 23, 2025, the United States Supreme Court granted the government’s application for stay of a recent district court’s preliminary injunction of the enforcement of the Corporate Transparency Act (CTA). With that being said, a separate district court order enjoining enforcement of the CTA remains in effect. Despite the Supreme Court’s decision, FinCEN has…

The Securities and Exchange Commission (the “SEC”) recently adopted Rule 13f-2 and Form SHO under the Securities Exchange Act of 1934 (the “Exchange Act”), implementing provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act.  These new regulations are intended to enhance transparency in short selling and introduce significant changes…

1. Compliance and Regulations

  • Ensure adherence to SEC regulations with appropriate privacy and cybersecurity policies tailored to SEC requirements.
  • Stay current on SEC-proposed cybersecurity and data privacy rules and risk alerts to help ensure policy alignment with the SEC’s expectations for registered funds and advisers.
  • Incorporate state-specific regulations related to data protection and cybersecurity (e.g., California Consumer Privacy Act and Texas Data Privacy and Security Act) into company privacy and cybersecurity policies.
  • Policies and procedures should encompass risk assessment, incident response, and data breach notification procedures. This includes planning for legal obligations to provide notice of reportable breaches to regulators and investors.
  • Implement compliance with the General Data Protection Regulations (GDPRs) if dealing with investors who are European residents.