U.S. Treasury Department's Financial Crimes Enforcement Center unit rules governing the disclosure of beneficial ownership information are currently set to become effective January 1, 2024. The new rules contain ambiguities regarding certain fundamental definitions, and do not definitively resolve issues regarding access to the beneficial owner information reported as well as mechanical aspects of the reporting procedures.

In a recent Risk Alert, the Division of Examinations of the SEC provided guidelines explaining how it utilizes a risk-based approach for selecting SEC-registered investment advisers to examine and for determining the risk areas to examine. If you have any questions concerning how to prepare or organize for an SEC examination, please contact Meryl Wiener or your regular Warshaw Burstein attorney.

Eighteen Warshaw Burstein lawyers have been named 2023 Super Lawyers in their respective practice areas in the New York Metro area.

Earlier this year, the SEC staff issued a bulletin setting forth standards of conduct for broker-dealers and investment advisers with respect to their respective care obligations when providing investment advice and recommendations to retail investors (the “Bulletin”).

Corporate partners Martin Siegel, Steve Semian, and Jason Diener represented Nexalin Technology, Inc. in the creation of a formalized joint venture arrangement with Wider Come Limited.

On February 7, 2023, the SEC’s Division of Examinations announced its examination priorities for 2023. Examination priorities are released annually and provide investors and registrants with transparency into those areas that DOE believes bring heightened risks to investors, registrants and to the integrity of the U.S. capital markets.

Eighteen Warshaw Burstein lawyers were named 2022 Super Lawyers in their respective practice areas in the New York Metro area.

Corporate partners Martin Siegel and Brian Daughney represented Nexalin Technology, Inc. as securities and general corporate counsel with respect to Nexilin’s initial public offering of 2,315,000 units which closed on September 20, 2022.

The SEC’s Office of Investor Education and Advocacy (“OIEA”) recently published an investor bulletin to educate investors on the legal remedies available for resolving disputes with broker-dealers under the Financial Industry Regulatory Authority (“FINRA”).
 

On May 25, 2022, the U.S. Securities and Exchange Commission (“SEC”) released proposed amendments to Rule 35d-1 (the “Names Rule”), under the Investment Company Act of 1940. The SEC believes that the amendments would enhance transparency in the asset management market and ensure that a fund’s name does not misrepresent the fund’s investments and risks.

On August 26, 2020, the Securities and Exchange Commission (SEC) adopted amendments to the “accredited investor” definition in Rule 501(a) of Regulation D under the Securities Act of 1933, as amended, that update and improve the accredited investor definition. The purpose of the amendments is to better identify investors that have sufficient knowledge and expertise to participate in investment opportunities that do not have the rigorous disclosure and procedural requirements and related investor protections, provided by registration under the Securities Act. The amendments are substantially as proposed by the SEC on December 18, 2019.

Partners Martin Siegel and Ally Hack co-authored a Law360 article on executing NY contracts while working from home. In the article, Martin and Ally explore how lawyers can satisfy the New York Statute of Frauds remotely using technology to help facilitate deals and make contractual commitments such as by using mobile phones and videoconferencing tools, including Zoom, BlueJeans or Skype For Business