RopesTalk

Under normal circumstances, credit fund managers that invest retirement plan money face multiple fiduciary and conflict of interest issues under ERISA that require special attention. These issues have been amplified by the current global health emergency and related economic crisis. In this Ropes & Gray podcast, asset management partner Jessica O’ Mary and ERISA & benefits partner Josh Lic...

In this Ropes & Gray podcast, asset management partner George Raine is joined by tax partner Pamela Glazier to discuss the legal, tax and operational issues involved when 1940 Act registered interval funds invest in unregistered open-end real estate funds, as private fund managers look for new sources of capital, and registered fund managers look for alternative investments for their retail in...

In this Ropes & Gray podcast, asset management partner Isabel Dische is joined by tax partner Dan Kolb and asset management associate Adam Dobson to discuss preferred equity deals in the private funds context. Following a brief explanation of what these deals are, they share why a fund sponsor or an investor may want to pursue a preferred equity financing, and provide details on the structures...

In the second episode of Ropes & Gray’s podcast series, Culture & Compliance Chronicles, litigation & enforcement attorneys Tina Yu and Amanda Raad, who co-chairs the firm’s global anti-corruption and international risk practice, continue their conversation with Jules Colborne-Baber, a partner and forensic audit expert at Deloitte UK, and Richard Bistrong, CEO of Front-Line Anti-Briber...

In this Ropes & Gray podcast, asset management partner Joel Wattenbarger and associate Gideon Blatt discuss the federal banking agencies’ proposed amendments to the Volcker Rule’s covered fund provisions. They address the existing landscape, the agencies’ notice of proposed rulemaking and the potential impact it may have on the asset management industry.

In this Ropes & Gray podcast, asset management partner Mike Doherty and counsel Laura Hirst discuss the 2009 Term Asset-Backed Securities Loan Facility (TALF) program which the Fed established in response to the 2008-2009 financial crisis and, given current market conditions, what might be expected for the 2020 TALF program.

In this Ropes & Gray podcast, asset management partners Isabel Dische and Katie Waite discuss some of the reasons why the credit funds secondaries market has historically been smaller than the private equity secondaries market, and why and how that has been changing recently, including as a result of market declines triggered by the COVID-19 pandemic.

Welcome to Culture & Compliance Chronicles, a new Ropes & Gray podcast series focused on the behavioral sciences approach to risk management. In this inaugural episode—part one of a two-part series—Ropes & Gray litigation & enforcement attorneys Amanda Raad and Tina Yu are joined by special guests Richard Bistrong, CEO of Front-Line Anti-Bribery LLC, and Jules Colborne-Baber, a par...

In this Ropes & Gray podcast, benefits partners Loretta Richard and Josh Lichtenstein discuss the Coronavirus Aid, Relief and Economic Security Act (also known as the CARES Act) in the context of 401(k) plans and other tax-qualified defined contribution retirement plans, including coronavirus-related distributions and loans that can be taken from qualified defined contribution retirement plans...

In this Ropes & Gray podcast, litigation & enforcement partner Dan Ward, ERISA and benefits partner Josh Lichtenstein, and benefits principal David Kirchner discuss the recent $12 million settlement that has been agreed to in the Oracle 401(k) fee litigation, which includes some non-monetary requirements that could have a ripple effect on the routine cross-selling activities of third-party...

In this Ropes & Gray podcast, Isabel Dische, partner in the asset management group, and Molly Moore, counsel in the asset management group, discuss steps buy-side market participants can take to understand and mitigate possible implications of the COVID-19 pandemic on their derivatives contracts. Topics covered include events of default and termination events as well as super-collateral events...

In this Ropes & Gray podcast, Ama Adams and Brendan Hanifin discuss new regulations implementing the Foreign Investment Risk Review Modernization Act (“FIRRMA”). The new regulations, which took effect on February 13, 2020, significantly expanded the scope of CFIUS’s jurisdiction to review foreign investments in U.S. businesses. This podcast discusses the implications of FIRRMA for U.S. and non...

In the latest installment of Ropes & Gray’s alumni podcast series, Alumni @ RopesTalk, health care partner Christine Moundas interviews her former colleague, Jennifer Bealer, who left Ropes & Gray in 2017 to become executive vice president and general counsel of Progyny, a leading fertility benefits management company. Within two years of joining Progyny, the company went public. In this e...

In December 2019, the European Securities and Markets Authority (ESMA) published a report in relation to undue short-term pressure on companies. In this Ropes & Gray podcast—the latest in a series of podcasts on ESG and corporate social responsibility issues—asset management partner Eve Ellis will provide an overview of the ESMA report and analyze key issues addressed in the report, such as th...

In this Ropes & Gray podcast, asset management partners Isabel Dische and Leigh Fraser discuss the three no-action letters that were published by the CFTC on December 17, 2019 to provide relief to market participants as they transition swaps that reference the London Interbank Offered Rate (LIBOR) and other interbank offered rates (or IBORs) to swaps that reference alternative benchmarks.

Regulators around the world are increasingly warning against the danger of a check-the-box compliance program and encouraging companies to evaluate their respective cultures and the corresponding impact on compliance. A growing emphasis on behavioral sciences, which involves looking more deeply into why an individual makes certain decisions or acts a certain way, is becoming an increasingly import...

In this Ropes & Gray podcast, asset management partner Lindsey Goldstein and ERISA partner Josh Lichtenstein discuss ERISA plan fiduciary proxy activities, addressing what the existing regulatory guidance provides as well as some of its ambiguities, and what clarifications we hope new guidance will include.

In this Ropes & Gray podcast, Ama Adams and Brendan Hanifin discuss recent and forthcoming changes to the Committee on Foreign Investment in the United States (“CFIUS”) review process. The Foreign Investment Risk Review Modernization Act (“FIRRMA”), passed in August 2018, significantly expanded the scope of CFIUS’s jurisdiction to review foreign investments in U.S. businesses. This podcast dis...

In this Ropes & Gray podcast, litigation & enforcement partners Amy Roy and Dan Ward, and ERISA and benefits partner Josh Lichtenstein, discuss 401(k) litigation risk assessment and management. They review current trends in proprietary funds litigation, the key legal issues surrounding the statute of limitations for claims arising under ERISA, and the upcoming Intel case before the Supreme...

In this Ropes & Gray podcast, Mike Doherty, Brian McCabe and Paul Tropp discuss important regulatory developments and current issues affecting business development companies (BDCs). The SEC recently (1) issued a rule proposal intended to streamline the registration, communications and offering practices of BDCs and (2) proposed a new Rule 12d1-4 under the Investment Company Act of 1940 intende...

In this Ropes & Gray podcast, asset management partners Isabel Dische and Melissa Bender provide an overview of key considerations for family offices and foundations as they consider whether, and how, to integrate ESG factors and/or impact investing into their investment processes.

In this Ropes & Gray podcast, Jeremiah Williams and Casey White discuss compliance issues surrounding the valuation of debt investments held by credit funds. Debt investments create unique valuation challenges for sponsors making such determinations, such as managing potential conflicts of interest. This podcast discusses certain regulatory compliance considerations relevant to the valuation o...

The seventh installment of Ropes & Gray’s podcast series, Non-binding Guidance, dives into the closely watched administrative law case, Kisor v. Wilkie. This Supreme Court case addresses the continued validity of the doctrine articulated in the 1997 Supreme Court case Auer v. Robbins, regarding judicial deference to federal administrative agency interpretations of their own regulations. In thi...

In this Ropes & Gray podcast, asset management partners Melissa Bender and Isabel Dische discuss the recently published revised edition of the UK Stewardship Code. In particular, the revised Code specially requires that UK asset manager signatories explain how their investment policies enable them to practice stewardship and adds related ESG-related reporting obligations.