BLT: January 2013

 

Articles

Departments

Business & Corporate

KEEPING CURRENT: SEC Accuses Fund Directors of Breaching Their Valuation Duties

The SEC announced charges against eight former members of the board of directors of several closed-end and open-end registered investment companies. The case is noteworthy for the specificity of the allegations against the board members, and provides insight into how the SEC's enforcement division will pursue cases against fund directors in the future. Also, the form and substance of the allegations may broadly affect how fund directors carry out their fair valuation responsibilities.

Business & Corporate

KEEPING CURRENT: Hidden Due Diligence Risk in Mergers, Acquisitions, and Investments: Independent Contractor Misclassification Oftentimes Overlooked by Private Equity Firms, Hedge Funds and Other Investors

Many due diligence reviews in mergers, acquisitions, and investments have ignored the issue of independent contractor misclassification liability. In view of the crackdown by federal and state governments on the misclassification of employees as ICs, due diligence efforts should not overlook this often hidden exposure.