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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 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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This week on Mutual Fund Minute, Jay Baris talks about the growing interest in artificial intelligence with Sidley’s Hardy Callcott and Nathan Greene. Hardy is a San Francisco-based partner in Sidley’s Securities Enforcement and Regulatory practice who focuses on securities and regulatory issues for broker-dealers, investment advisers, and mutual f…
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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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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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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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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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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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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 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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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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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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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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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? 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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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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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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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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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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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 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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