Welcome to Sidley’s Mutual Fund Minute podcast. Join us for this series of short insights addressing issues of interest to fund directors, advisers, and other stakeholders. Each week Sidley Partner Jay Baris and guests discuss new trends, regulations, and developments and how they will affect you.
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Welcome to The Sidley Podcast. Join us as we bring a unique perspective to complex issues at the intersection of law and business.
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Welcome to Accelerating Energy, a new podcast powered by Sidley Austin LLP. Join us as we drill down on critical, and late-breaking, energy transition topics from all corners of industry. Each episode will introduce you to guests with unique perspectives as we investigate the business, legal, and policy concerns of this fast-evolving landscape. Accelerating Energy is hosted by Ken Irvin and Cliff Vrielink, partners in Sidley’s global Energy practice.
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Welcome to Sidley’s The Restructuring Room podcast. Join us as we discuss with prominent industry figures and practitioners the trending bankruptcy, restructuring, and insolvency topics in today’s global business news, as well as those cases that have shaped bankruptcy law and practice. The Restructuring Room is hosted by partners Tom Califano and Genevieve Weiner, and managing associate Juliana Hoffman, Restructuring lawyers from the international law firm Sidley Austin LLP.
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Eric Pan of Investment Company Institute – 100th Anniversary of the Mutual Fund, Part II
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In this episode of the Mutual Fund Minute, Sidley partner Jay Baris and Eric Pan, President and CEO of the Investment Company Institute, celebrate the 100th anniversary of the first American mutual fund. Eric shares his views on topics, including the SEC’s regulatory agenda, the role of AI in asset management, and ideas to modernize the Investment …
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Eric Pan of Investment Company Institute – 100th Anniversary of the Mutual Fund, Part I
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In this episode of the Mutual Fund Minute, Sidley partner Jay Baris and Eric Pan, President and CEO of the Investment Company Institute, celebrate the 100th anniversary of the first American mutual fund. Eric shares his views on the challenges that funds, independent directors, and investors face in the current regulatory environment. Part 1 of 2 e…
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UK and EU Fund Regulation in a Post-Brexit World
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In this episode of Mutual Fund Minute, host and Sidley partner, Jay Baris, and Leonard Ng, head of Sidley's UK/EU Financial Services Regulatory group, discuss fund regulation in the United Kingdom and the European Union in a post-Brexit world.By Sidley Austin LLP
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Buyer Beware: What to Know About the DOJ’s Policy on Self-Reporting in M&A
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What happens when you buy somebody else’s problems? A new policy from the U.S. Department of Justice (DOJ) is encouraging companies to disclose the misconduct of the companies they buy. The DOJ says it won’t prosecute businesses that voluntarily report wrongdoing found during the mergers and acquisitions process. The government especially wants to …
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SEC Commissioner Hester M. Peirce sat down with Sidley partner Jay Baris to share her views on a wide range of topics concerning mutual funds and investment management. In this episode of the Mutual Fund Minute, Commissioner Peirce discusses the SEC’s proposed safeguarding rule, the Supreme Court’s Howey test, CCO liability and the future of crypto…
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Is Your Company Ready For the SEC’s New Climate Disclosure Rules? We Break Them Down.
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The SEC had planned to usher in a new era of corporate disclosure but now it may be on hold. Its new rules would require public companies to report extensive climate-related information. They are intended to improve the consistency, comparability, and reliability of climate-related data and to provide detailed, decision-useful information for inves…
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Tackling EV Infrastructure. Why Truck Manufacturers Are in for the Long Haul.
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The future of commercial transportation is zero-emission. More than one million medium- and heavy-duty trucks are expected to hit the highways by 2031. But as the fleet of commercial zero-emission vehicles begins to grow, the infrastructure needed to power these trucks is struggling to keep up. In response to this reality, a coalition of major truc…
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SEC Commissioner Hester M. Peirce met with Sidley partner Jay Baris in Washington, D.C. to share her views on a wide range of topics concerning mutual funds and investment management. In this episode of the Mutual Fund Minute, Commissioner Peirce discusses the SEC’s approval of 11 exchange-traded products that will trade in bitcoin, the SEC’s regul…
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Hedge Funds Trading Treasuries as Dealers
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Are you now a securities dealer? The Securities and Exchange Commission (SEC) blurred the distinction between who is an investor or mere trader and who is a “dealer” for purposes of the Federal Securities Laws when it adopted final rules on February 6, 2024, defining activities that require someone to register as a “dealer” or a “government securit…
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A Milestone for the SEC and Bitcoin Investors
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A divided U.S. Securities and Exchange Commission cautiously heralded a new crypto era, on January 10, 2024, when it approved by a 3 to 2 vote multiple exchange-traded products that invest directly in bitcoin for listing and trading. To get to this point, the Commission followed a long and rocky road. While the Commission’s approval was a cause for…
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Enforcement is on the Rise Against Non-Compete Agreements. Is Your Business Ready?
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A whopping one in five workers in the U.S. has signed a non-compete agreement. Companies use these contracts to protect trade secrets, reduce employee turnover, and improve their business leverage. Detractors say non-competes decrease wages and are burdensome to workers. Private litigation is on the rise against non-competes and some states are now…
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Are Tax Incentives Enough to Spur the U.S. Energy Transition Forward?
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The United States government is authorizing millions of dollars in grants to electric cooperatives in the hopes of promoting grid resiliency and alternative energy adoption. Will grants and other incentives entice businesses to adopt clean energy? Or will political uncertainty in this election year tamp down these efforts? In the second episode of …
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On Halloween 2023, the U.S. Department of Labor spooked the investment adviser world when it proposed rules that would redefine who is a fiduciary when someone provides investment advice for purposes of the Employee Retirement Income Securities Act of 1974 (ERISA). If adopted as proposed, these rules would greatly expand the categories of investmen…
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Is Your M&A Contract Vulnerable to Post-Closing Litigation? We Break it Down.
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When an M&A deal closes, is it done? Not always. More and more disputes are arising after closing, which results in lost time and expense for both buyers and sellers as they realize they don’t actually have a done deal. Not all disputes after closing can be avoided, but their effects can be minimized with the right due diligence, transparency in th…
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FSB Risks of Nonbank Financial Institutions
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The Financial Stability Board, or FSB, is laser-focused on money market funds, mutual funds, and private funds. Specifically, the FSB is concerned that leverage in these funds and other so-called nonbank financial institutions could lead to market volatility, and, worse, could destabilize the global financial system. In this episode of the Mutual F…
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Why Me? How the SEC Decides Which Investment Adviser to Examine
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Why me? And why now? That is usually the first thing an investment adviser asks when the Securities and Exchange Commission’s Division of Examinations comes knocking on the door. Understanding why the SEC chooses advisers for examinations at any given time could help the adviser better prepare for the inevitable. In this episode of the Mutual Fund …
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How Energy Transmission Can Save the Grid – and Electrify the U.S. Economy
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U.S. energy regulators warn that elevated threats of outages from storms and prolonged cold snaps will continue to impact our electric grid and the economy. The Biden administration recently announced $3.5 billion in grants to fund clean energy projects that combat climate change and promote renewable energy; but mounting costs, development snags, …
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Naming a registered investment company will become more challenging now that the Securities and Exchange Commission has significantly broadened the scope of the rule governing fund names. Moreover, the SEC estimates that when the Names Rule goes into effect, three out of four registered funds will be subject to the new requirements. In this episode…
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How the Supreme Court’s Affirmative Action Ruling May Impact Your Business
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The U.S. Supreme Court has declared that university admissions policies must be “color blind” under the Equal Protection Clause of the Constitution, breaking with decades of legal precedent and resulting in challenges to diversity, equity, and inclusion initiatives at universities and elsewhere. Many employers worry their own DEI policies and progr…
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How the Cases Before the Supreme Court Could Impact You and Your Business
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The Supreme Court of the United States is in session. After its seismic decisions last term, SCOTUS has set its sights on another slate of high-stakes cases that could again transform elections, policy, and public life. On the docket are the First Amendment, gun rights, racial gerrymandering, and the power of the executive branch over regulation. C…
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Federal regulators propose to make it easier to designate a nonbank financial company as a systemically important financial institution that could threaten the financial stability of the economy if it were to fail. In this episode of the Mutual Fund Minute, host and Sidley partner Jay Baris speaks with Joel Feinberg – co-leader of Sidley’s Banking …
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Managing Counterparty Risk: Five Steps Funds and Advisers Can Take Now
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The recent collapse of several high-profile banks has amplified concerns among money managers and fund directors about counterparty risk. What should advisers and fund directors know about counterparty risk? How can they identify and manage the potential pitfalls, while simultaneously satisfying their oversight responsibilities? In this episode of …
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SEC’s Cybersecurity Disclosure Rules Are Here. Is Your Company Ready to Comply?
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Companies are facing more attacks on their information systems. And, as their cyber risk skyrockets, the SEC has stepped in with new regulations, telling businesses what to disclose about these incidents — and requiring detailed disclosures on cyber risk management more broadly. With the deadline for compliance fast approaching, businesses are scra…
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Money Market Fund Reform – Without Swing Pricing
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Money market funds dodged a bullet when the SEC declined to impose swing pricing when it adopted final reform rules on July 12, 2023. Listen here as Sidley’s Jay Baris and Doug McCormack discuss the new money market reform rules, including the mandatory liquidity fee and how they affect funds, investors, and fund directors.…
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“The Weinstein Company Bankruptcy: Part 2 – Under New Management”
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In the final part of this special edition of Sidley’s Restructuring Room, we continue our look back at the 2018 bankruptcy of The Weinstein Company with Andy Mitchell, CEO and Managing Partner of Lantern Capital Partners. Hosted by Partner Tom Califano and managing associate Juliana Hoffman of Sidley’s Restructuring group. * Sidley was very active …
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Conflicts of Interest Involving Covered Technology
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In this episode of Mutual Fund Minute, Sidley partners Jay Baris and Benson Cohen discuss the SEC’s proposed rules to address conflicts of interest when broker-dealers and investment advisers use predictive data analytics.By Sidley Austin LLP
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Tune into Mutual Fund Minute, as Jay Baris, a partner in Sidley’s Investment Funds group, looks at the growing interest in index-based investing by mutual funds and ETFs that has prompted the SEC to ask whether they should regulate index providers and other service providers as investment advisers. This episode looks at the implications for funds a…
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The Securities and Exchange Commission has proposed sweeping new rules to address how investment advisers safeguard client assets. In this episode of Mutual Fund Minute, Sidley’s Jay Baris looks at how the revisions to the SEC’s so-called custody rules would affect advisers, funds, and investors.By Sidley Austin LLP
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The SEC continues its breathtaking pace of rulemaking that touches funds, their independent directors, investment advisers, and other service providers. Listen here as Jay Baris, a partner in Sidley’s Investment Funds practice, looks at the SEC’s regulatory agenda for the coming months.By Sidley Austin LLP
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The SEC proposed rules for best execution of securities trades by broker dealers. In this Mutual Fund Minute, Sidley's Jay Baris talks with fellow partner Hardy Callcott about how the rule would apply to best execution of fixed income securities, and what it would mean for funds and advisers.By Sidley Austin LLP
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SEC Proposes ESG Disclosures for Investment Advisers and Investment Companies
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Listen here as Investment Funds partner Jay Baris and Ranah Esmaili, a partner in Sidley's Securities Enforcement and Regulatory practice, discuss the sweeping rules proposed by the SEC that would require funds and investment advisers to disclose more specific information about investment companies, private funds, and SMAs pursuing ESG investment s…
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Artificial Intelligence for Funds and Advisers
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Can a chatbot write a fund prospectus? Listen here as Jay Baris and Nathan Greene, partners in Sidley’s Investment Funds group, discuss how funds and investment advisers will use artificial intelligence, and how fund directors and investment managers can evaluate and understand the potential benefits – and challenges – that AI presents.…
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Investment Companies as Commodity Pools – What Are the Compliance Pitfalls?
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Listen here as Jay Baris and Nathan Howell, partners in Sidley’s Investment Funds group, unravel the regulatory mysteries of how mutual funds, ETFs, and registered closed-end funds can invest in commodity futures contracts, subject to the jurisdiction by both the SEC and the CFTC.By Sidley Austin LLP
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The SEC’s Proposed Swing Pricing and Hard Close Rules
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Listen here as Jay Baris, a partner in Sidley’s Investment Funds group, discusses the proposed “swing pricing” and “hard close” requirements and how they would ripple through the world of investment companies and financial intermediaries.By Sidley Austin LLP
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Listen here as Jay Baris, a partner in Sidley’s Investment Funds group, discusses the SEC’s Division of Examinations examination priorities for 2023, and what funds and advisers can expect.By Sidley Austin LLP
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Tune into Mutual Fund Minute here, as Jay Baris, a partner in Sidley’s Investment Funds group, takes a nostalgic look at the long and winding regulatory road of fund board culture, with a reminder that history is always an important guide to understanding the present.By Sidley Austin LLP
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Listen here as Jay Baris, a partner in Sidley’s Investment Funds group, discusses the SEC proposal to expand the “names rule” to cover investment companies that suggest that they invest in assets that have specific characteristics, such as growth or value or ESG factors.By Sidley Austin LLP
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SEC Revises Fund Shareholder Reports – What That Means for Funds and Investors
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Listen here as Jay Baris, a partner in Sidley’s Investment Funds group, discusses the SEC’s new mandate for mutual funds and ETFs and looks at the implications for Funds and their investors.By Sidley Austin LLP
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The SEC’s Regulatory Agenda – What’s in Store for Funds and Advisers
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Listen here as Jay Baris, a partner in Sidley’s Investment Funds group, discusses the SEC’s latest Rulemaking Agenda in 2022 which promises to be a rollercoaster ride for funds, their independent directors, investment advisers, and other service providers.By Sidley Austin LLP
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The Weinstein Company Bankruptcy: Part 1 – Insights from the Inside
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In March of 2018, amid numerous allegations of misconduct against its recently dismissed co-founder and chief executive, Harvey Weinstein, The Weinstein Company (TWC) filed for Chapter 11 bankruptcy.* In May of that year, the bankruptcy auction process began, and by July, TWC's assets were sold to the Dallas-based private equity firm Lantern Capita…
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A Conversation With Hon. Harlin D. Hale (Ret.) and Tom Califano
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Join us as for a conversation with our special guest The Honorable Harlin D. Hale (Ret.) and Thomas R. Califano, a partner on Sidley’s Restructuring team in New York. Judge Hale served on the U.S. Bankruptcy Court for the Northern District of Texas for almost 20 years, including a two-year term as chief judge. He presided over thousands of cases an…
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Is the Airline Industry Flying High or in for a Tough Landing?
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Airlines have hit their share of turbulence, from supply chain issues and staffing shortages to the Russia-Ukraine conflict and elevated fuel prices. As interest rates rise and some airlines file for bankruptcy, the industry’s carbon emissions efforts are getting off the ground. Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he spe…
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Regulatory Considerations For Businesses Following Recent Bank Failures
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Bank failures have roiled the financial sector, leading consumers and businesses to brace for economic fallout. How did we get here, and how will policymakers respond? What are the tools businesses can use to mitigate risk, and could a crisis like 2008 be repeated? Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two o…
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How Businesses Should Navigate a Tightly Divided New Congress
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After a contentious State of the Union Address, President Joe Biden faces off against a divided United States Congress over the debt ceiling. The business world is paying very close attention. Will Speaker Kevin McCarthy be able to corral his slim House majority? Are any compromises possible, and can any legislation actually pass? Join The Sidley P…
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What it Takes to Score in High-Stakes Sports Acquisitions
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It’s time to play ball, both on the field and off. As this year’s pro football season culminates with the big game, the business of sports is booming. More teams are for sale, buyers are lining up, and valuations are through the roof. Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm’s thought leaders on…
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How SCOTUS May Rule on Potentially Seismic Cases for Business and Society
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This could be the most controversial United States Supreme Court term ever. After overturning Roe v. Wade, the court now considers more profound change in election law, affirmative action, and other regulations affecting businesses. As SCOTUS welcomes a new justice, it faces questions over its own legitimacy and how far the conservative majority wi…
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How Cryptocurrency’s Key Players Navigate Market Challenges and New Regulations
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It’s a wake-up call for the cryptocurrency industry. Falling prices have created dangers — but also opportunities for market participants. How will investors, lenders, and the courts respond? What new laws could be imposed, and who will end up on top? Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with three of the firm’s…
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How the Supreme Court’s EPA Ruling Complicates Climate Action and What Companies Can Do
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The Supreme Court’s recent decision in West Virginia v. EPA clips the EPA’s ability to address climate change and may fundamentally alter the administrative authority of other federal agencies to tackle big problems. As state and local governments find ways to fill the void, shareholders are demanding a response from Corporate America. How seismic …
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What Fund Managers and Investors Should Know About the SEC’s Bold New Regulatory Agenda
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Private fund managers and investors are on high alert as the U.S. Securities and Exchange Commission (SEC) proposes an aggressive new regulatory agenda. Its new draft rules have been described as a “sea change” and are intended to enhance regulation and protect investors in private funds. But do those investors need or want this protection? What ar…
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Why Are Green Bonds All the Rage, and What’s in it for Business?
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Finance is finally catching up with the environmental movement. Green bonds, which are debt raised by companies whose proceeds are used for environmentally beneficial purposes, are all the rage. More of them are being sold than ever before. But not all green products are equal, and the politics and regulation are complex. Why are investors buying i…
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