Cadwalader attorneys discuss the advantages, disadvantages and legal considerations of a shift by private equity funds toward the use of "toehold accumulation" tactics as part of value maximization strategies.
The SEC accepted offers of settlement in two enforcement actions involving "disclosure violations that deprived investors of material information during battles for corporate control of publicly traded companies."
The SEC Office of Investor Education and Advocacy informed investors about features and potential risks of alternative mutual funds that hold non-traditional investments or use complex investment and trading strategies.
Cadwalader attorneys urged investors who might engage with management to consider recent guidance from the FTC Premerger Notification Office. The guidance advises that certain behavior may be insufficiently "passive," thereby disqualifying investors from receiving an investment-only exemption under the Hart-Scott-Rodino Act.
The FDIC and the SEC proposed a rule to govern the orderly liquidation of "covered brokers-dealers," or large broker-dealers that are subject to liquidation under Title II of the Dodd-Frank Act and not dissolution under the Securities Investor Protection Act ("SIPA").