Welcome to SEC Roundup, a bimonthly video collection by former Securities and Change Fee senior trial counsels Nick Morgan and Tom Zaccaro, founders of the nonprofit advocacy group Investor Selection Advocates Community.
At a February courtroom listening to on the SEC’s new non-public fund adviser guidelines, the fifth Circuit federal appellate courtroom grilled legal professionals for the SEC and challengers from the Various Funding Administration Affiliation and Managed Funds Affiliation.
On this episode, Morgan talks with Gail Bernstein, basic counsel for the Funding Adviser Affiliation, and Artwork Zwickel of Paul Hastings and CalALTs relating to what’s at stake and the way the courtroom’s rulings may have an effect on traders and funding advisors.
Hear in as Bernstein and Zwickel present a complete evaluation of the continuing litigation over SEC’s non-public fund advisor guidelines, shedding gentle on the authorized intricacies, potential outcomes, and implications for trade stakeholders.
“The argument went in a considerably shocking path in that the panel [of judges] appeared very concerned about doubtlessly saving a few the principles even when it might resolve to vacate others,” Bernstein relays.
Bernstein gives insights into the current listening to, emphasizing discussions across the SEC’s authority underneath Part 211(h) of the Dodd-Frank Act and the potential severability of challenged guidelines, in addition to the courtroom’s skepticism in direction of the SEC’s place.