New SEC Private Funds Rules – What Is Happening and What You Need to Know

In this podcast episode, Genna Garver, a partner in the firm's Investment Funds + Investment Management Services practice, interviews Constance Hunter, a renowned economist known for her accurate predictions of important market and economic inflection points. Constance discusses MacroPolicy Perspective's unique approach to macroeconomics and shares her global economic outlook for 2024. Constance and Genna also discuss the economic impacts of geopolitical events, the rise of AI in 2023 and the potential for increased regulations in the space, and the outlook for the U.S. economy.

For a copy of the accompanying PowerPoint Presentation, please email research@macropolicyperspectives.com.

In the final installment of our three-part Employee Benefits and Executive Compensation podcast miniseries, hosts Jim Earle and Josh Gelfand discuss the basics of top-hat plans — what they are and the necessary steps to ensure ERISA compliance.

We are excited to announce that we will be hosting our annual webinar in September 2024, which will provide a comprehensive look at the future landscape of employee benefits and executive compensation.

In the second episode of our three-part Employee Benefits and Executive Compensation podcast miniseries, hosts Lynne Wakefield and Lydia Parker discuss key health and welfare plan developments as we close out 2023 and head into 2024.

Stay tuned for next week’s episode, where hosts Jim Earle and Josh Gelfand will cover the basics of top-hat plans and what you need to do to ensure ERISA compliance.

We are excited to announce that we will be hosting our annual webinar in September 2024, which will provide a comprehensive look at the future landscape of employee benefits and executive compensation.

In the inaugural episode of Troutman Pepper's three-part Employee Benefits and Executive Compensation podcast miniseries, hosts Lynne Wakefield, Constance Brewster, and Brianna Hourihan discuss recent legislative developments and pressing issues in the qualified retirement plan space. They delve into the key provisions of SECURE 2.0, proposed regulations on the use of forfeitures, the expansion of the Employee Plans Compliance Resolution System (EPCRS), and recent litigation trends, as well as year-end administrative tasks.

Stay tuned for next week's episode, where hosts Lynne Wakefield and Lydia Parker will highlight key health and welfare plan developments as we close out 2023 and head into 2024.

We are excited to announce that we will be hosting our annual webinar in September 2024, which will provide a comprehensive look at the future landscape of employee benefits and executive compensation.

On August 23, the Securities and Exchange Commission finalized the Private Funds Rules. Listen to Troutman Pepper Partner Genna Garver and Fairview General Counsel and Executive Vice President Amber Allen as they discuss the new rules. Topics covered include relief regarding some of the final changes versus the proposed version, potential headaches for clients, surprises, and recommended next steps for private fund clients. 

While six industry groups filed a lawsuit in the U.S. Court of Appeals for the Fifth Circuit against the SEC challenging the new Private Fund Adviser rule, the rule is and will remain final unless and until vacated by the court. It’s impossible to predict the ultimate outcome of the case and whether the rule will be vacated entirely or in part, or to predict the impact, if any, on the SEC’s fiduciary duty clarifications set forth in the rule’s adopting release.

With methods of professional communication constantly evolving, the U.S. Department of Justice (DOJ) recently revised its Evaluation of Corporate Compliance Programs to address how prosecutors should evaluate the ways that companies are accounting for these developing risks. Corporate policies and procedures must keep pace with these changes as professional communication shifts to personal devices and messaging platforms.

White Collar + Government Investigations Partners Abbey Hazlett and Megan Rahman, eMerge Managing Partner Alison Grounds, and eMerge Managing Director of Technology Chris Haley discuss the realities of conducting business in 2023. They will look at how regulators respond to the increased use of alternative means of communicating in the business context and some of the key considerations for companies subject to their scrutiny. Their discussion includes an overview of the DOJ's updated guidance and current regulatory landscape, perspectives on the compliance risks associated with electronic communication, bring-your-own-device (BYOD) policies, records retention, preservation and collection, and best practices for training and compliance programs.

Allegations of a sprawling poultry price-fixing scheme affecting millions of Americans. An “unheard-of” three trials. Two mistrials. The Assistant Attorney General for the U.S. Department of Justice (DOJ) Antitrust Division personally explaining to the judge why a third trial would be necessary. And finally, one acquittal.

The above elements of U.S. v. Penn, et. al. — a DOJ criminal price-fixing case against 10 poultry executives — form the central discussion around this special White Collar + Government Investigations podcast. To help dissect the case, Troutman Pepper Partners Megan Rahman (one of the case’s defense attorneys) and Charlie Peeler (former U.S. attorney for the Middle District of Georgia) offer perspectives gained from representing defendants and prosecuting cases against the U.S. government. Megan and Charlie also discuss what this case and other recent matters say about current trends in government litigation and what to expect from the DOJ in the near future.

Join Troutman Pepper White Collar and Government Investigation Partners Callan Stein, Miranda Hooker, and Allison DeLaurentis for a podcast discussion on the DOJ's updated guidelines regarding corporate criminal enforcement. These guidelines take a tougher stance on white collar crime and a more aggressive approach to prosecution. During this podcast, our speakers summarize the guidance and revisions in each area addressed by the DOJ, while also discussing practical tips and recommendations for companies on how to mitigate risks by improving and enhancing internal controls and policies. 

Specific topics include:

• DOJ Guidance Generally (2:40)
• Topic #1: Individual Accountability (6:19)
• Topic #2: Corporate History of Misconduct (10:20)
• Topic #3: Self-Disclosures (15:45)
• Topic #4: Compliance Monitors (17:47)
• Topic #5: Corporate Culture (20:10)
• Practical Implications of the Guidance (23:43)

*Kathleen Callahan is not admitted to practice law in any jurisdiction.

Troutman Pepper attorneys Chris Chuff and Taylor Bartholomew are well-versed in M&A transactions that involve Delaware law. In the second episode of this two-part series, Chris and Taylor discuss the rules of the road for fraud as they relate to private equity acquisitions.

Troutman Pepper attorneys Chris Chuff and Taylor Bartholomew are well-versed in M&A transactions that involve Delaware law. In the first episode of this two-part series, Chris and Taylor discuss drafting considerations for holding company operating agreements in private equity acquisitions.