On November 1st, the U.S. Supreme Court agreed to hear arguments on whether the SEC has the authority to obtain disgorgement of “ill-gotten gains” in federal court for securities law violations. The SEC historically has been successful in obtaining monetary relief from defendants through disgorgement, which the SEC has asserted…
The Division of Investment Management recently issued guidance on the obligation of investment advisers to disclose financial conflicts of interest in the form of Frequently Asked Questions Regarding Disclosure of Certain Financial Conflicts Related to Investment Adviser Compensation (the “Guidance”). The Guidance substantiates (and to some degree legitimizes) the positions…