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Articles by Gustavo Resendiz
What We Took Home From Milken Week
Foley & Lardner are most popular: within Coronavirus (COVID-19) topic(s) Three of us spent last week in Beverly Hills for the Milken Institute Global Conference. The official sessions ran May 3 through 6 across the Beverly Hilton and the Waldorf, under the banner “Leading in a New Era.” As always, the more useful conversations happened in the side rooms, the hotel suite meetings, and the Tuesday night party we sponsored. A few things we are bringing back to clients.
SEC Settlement Highlights Importance Of Proper Disclosure Requirements For Private Fund Managers
On January 10, 2025, the Securities and Exchange Commission (SEC) settled charges against two fund managers (collectively the "Fund Managers")1 and their sole owner, chief executive office, chief compliance office, and founder (the "Founder")2. The SEC alleged the Founder and the Fund Managers had breached their fiduciary duties owed to the private equity funds managed by the Fund Managers (the "Private Funds") and related compliance program deficiencies.
Understanding The Recent 6-3 Supreme Court Decision On Agency Deference
FL Foley & Lardner More Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges.
Bain - Private Equity Activity & Impact On Fund Distributions And Future Fund Raising
Bain & Company's 2024 Midyear Report highlights that private equity deal trends are starting to stabilize, showing a glimmer of hope for increased exit deal activity in 2025. The depressed deal activity of the last two years has led to slower than expected fund distributions to investors and this has added further stress to private equity firms' fundraising efforts.
Fifth Circuit Rules SEC Exceeded Its Authority In Adopting Private Fund Advisers Rule
On June 5, 2024, a three-judge panel in the U.S. Fifth Circuit Court of Appeals ruled that the Securities and Exchange Commission exceeded its statutory authority in adopting the so-called "Private Fund Advisers Rule" (or the Rule) and, accordingly, vacated the Rule in full.1 The Court's interpretation of the SEC's rule-making authority over private fund sponsors under Section 206(4) and 211(h) of the Investment Advisers Act of 1940 (the Advisers Act) and the Dodd-Frank Wall Street and...
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