Attack of the Indirect Investor, Again

A Texas-based retirement fund that does not own any Uber securities sued Uber and its former chief executive officer Travis Kalanick for making misleading statements to investors. The retirement fund claims that it was harmed when the value of its indirect investment in Uber fell after investors learned that Uber was “operating a business far different than what investors had …

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SEC Targets Broken Deal Expenses, Again

By: Josh Watson Private equity firm Platinum Equity Advisors, LLC (Platinum) improperly charged broken deal expenses to three of its private equity fund clients, according to a settlement with the Securities and Exchange Commission on September 21, 2017. The settlement requires Platinum to reimburse its clients for $1.7 million of improper charges and pay a …

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OCIE Issues Risk Alert on Misleading Advertising Practices

By: Josh Watson The SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a risk alert on September 14, 2017 identifying misleading advertising practices that examiners have found during examinations of registered investment advisers. The misleading practices identified in the alert are those that are widely-known to be misleading. For example: (1) Presenting performance results …

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The Risks of Using Finders and Unregistered Brokers

Private fund managers often use placement agents, finders, and other intermediaries to help raise capital for their investment funds. Using an intermediary that has failed to register as a broker-dealer, however, is fraught with risk. In his article "The Risks of Using Finders and Unregistered Brokers", private funds attorney Josh Watson cautions against using unregistered …

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Registration Exemptions for Investment Advisers

When may an investment adviser avoid registering with the Securities and Exchange Commission? Private funds attorney Josh Watson answers this question in his article "Registration Exemptions for Investment Advisers" that summarizes the requirements of two registration exemptions that are available to managers of private investment funds. To learn about the two registration exemptions read the …

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