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Fifth Circuit Topples SEC’s Unlawful Effort to Regulate Private Funds

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Content provided by 1360 KHNC and Administrative Static. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by 1360 KHNC and Administrative Static or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ro.player.fm/legal.

The U.S. Court of Appeals for the Fifth Circuit issued a decision in National Association of Private Fund Managers v. Securities and Exchange Commission vacating SEC’s recent final rule restricting—and in some cases prohibiting—certain common contractual agreements between private investment funds and investment advisers.

Following the New Civil Liberties Alliance amicus curiae brief’s advice, the Court declared that SEC exceeded its statutory authority in promulgating the unlawful rule because Congress never gave SEC oversight of this aspect of private funds. NCLA thanks securities law scholars Paul Mahoney, Adam Pritchard, and J.W. Verret for joining in NCLA’s brief as amicus partners.

See omnystudio.com/listener for privacy information.

  continue reading

105 episoade

Artwork
iconDistribuie
 
Manage episode 423554984 series 2879282
Content provided by 1360 KHNC and Administrative Static. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by 1360 KHNC and Administrative Static or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ro.player.fm/legal.

The U.S. Court of Appeals for the Fifth Circuit issued a decision in National Association of Private Fund Managers v. Securities and Exchange Commission vacating SEC’s recent final rule restricting—and in some cases prohibiting—certain common contractual agreements between private investment funds and investment advisers.

Following the New Civil Liberties Alliance amicus curiae brief’s advice, the Court declared that SEC exceeded its statutory authority in promulgating the unlawful rule because Congress never gave SEC oversight of this aspect of private funds. NCLA thanks securities law scholars Paul Mahoney, Adam Pritchard, and J.W. Verret for joining in NCLA’s brief as amicus partners.

See omnystudio.com/listener for privacy information.

  continue reading

105 episoade

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