Aug 28, 2008
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Author Archive

Speaking Engagement - Teaching at Wharton, with the FINRA Institute

Morgan Lewis’s Georgia Bullitt will be speaking at this event.

Over five days, Wharton professors explore a series of advanced-level regulatory and compliance topics that help participants build on previous courses.

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CFTC Authority Extended over Retail Forex and Energy Trading

PDF version

What This Means

Recently, Congress enacted amendments to the Commodity Exchange Act (CEA) that grant the Commodity Futures Trading Commission (CFTC) extended authority to regulate over-the-counter foreign exchange (forex) trading with retail customers and trading in energy derivatives conducted over the counter and through electronic platforms. As a result of the new CEA provisions, certain futures market participants will have to register their retail forex business with the CFTC. Additionally, futures commission merchants (FCMs) and futures-introducing brokers involved in retail forex and energy trading will want to consider making changes to their compliance procedures and processes. The new provisions of the CEA are scheduled to become effective September 19, 2008. >>> continued

Seventh Circuit “Disapproves” of Gartenberg Factors

PDF version The Seventh Circuit Court of Appeals recently cast some uncertainty over the long-standing factors that fund directors use to determine the proper level of an adviser’s fees as set forth in Gartenberg v. Merrill Lynch. The court affirmed the lower court’s dismissal of a complaint against Harris Associates, the adviser to the Oakmark family of mutual funds. In support of a claim under Section 36(b) of the Investment Company Act of 1940, the plaintiffs argued that, because the funds paid a higher fee than the adviser’s institutional accounts for allegedly similar services, the funds’ fees could not have been the result of arm’s-length bargaining. While the Seventh Circuit agreed with the lower court’s dismissal of this claim, it is unclear how this decision will affect the treatment of Gartenberg by other courts. >>> continued

Speaking Engagement - Introduction to Non-French Private Equity Fund Vehicles

Morgan Lewis’s Ann Baker will present the French Private Equity Association course, “Introduction to non-French Private Equity Fund Vehicles.”

When:
May 23, 2008

For more information, please the conference website.

Speaking Engagement - Annual Meeting of the Association of Life Insurance Counsel

Morgan Lewis’s Louis Singer will be presenting a session titled “Open Your Wallet - The Institutional Investor View on Private Equity.” >>> continued

Speaking Engagement - NRS 23rd Annual Spring Compliance Conference

Morgan Lewis’s Ivan Harris and Ryan Helmrich will speak at the 23rd Annual Spring Compliance Conference. Regulatory, legal, and industry professionals will lead discussions regarding new regulatory developments and offer practical, real-world guidance on establishing and updating compliance policies and procedures. Sessions range from intermediate to advanced and are organized in separate investment adviser and broker-dealer tracks. Hot topics and newly emerging areas of compliance requiring extended consideration are presented in pre-conference workshops.

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Speaking Engagement - NSCP 2008 Midwest Regional Meeting

Morgan Lewis’s Jennifer Klass will be speaking on "Investment Adviser Conflict of Interest Disclosures."

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