Category Archives: Banking and Finance

Treatise Update – Hedge Fund Regulation (Second Edition)

Hedge Fund Regulation offers a thorough examination of hedge funds and the ever-changing regulations that impact their structure, activities, and operations. Hedge fund counsel and financial industry stakeholders will find invaluable pointers on Regulations D, S, and other statutes; anti-money laundering and privacy compliance; highly-regulated investors; complex assets and transactions; and federal agency reporting requirements. The guide includes flowcharts and checklists that cover investment advisor registration, CPO annual reporting, and recordkeeping requirements.

Highlights from the updated release include:

  • Rationale for Regulation: Updated analysis concerning the SEC’s regulatory shift towards more substantive regulation of investment advisers (see section 3:4).
  • Marketing the Manager: Added discussion of recent SEC enforcement activity regarding the Marketing Rule (see section 6:2.1[B][4][e][iv]).
  • Compliance: Extensive revisions to cover the new rules and rule amendments under the Investment Advisers Act that substantially modify existing regulatory requirements and create new compliance obligations for investment advisers to private funds (see section 13:8). Updated discussion of SEC examinations of investment advisers (see section 13:14).
  • Books and Records: Revisions address new SEC books and records requirements related to recent major modifications to the Investment Advisers Act. Updated analysis of recent significant changes to Form PF (see section 14:3.2).

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PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Financial Product Fundamentals: Law, Business, Compliance (Second Edition)

Financial Product Fundamentals offers a comprehensive dive into the regulatory, pricing, marketing, and viability issues surrounding registered offerings. It also provides the legal fundamentals underlying private placements, real estate investment trusts, hedge and exchange-traded funds, and other registered offering types. The book gives pointers on completing and filing Forms F-1 and 20-F, navigating policy closings, devising IPO timelines, and more. In addition, this compendium addresses the Dodd-Frank Act, SEC actions, foreign broker-dealers, advertising in connection with prospectuses, insurance-linked securities, and life settlements.

Highlights from the updated release include:

  • Alternative Capital Raising for Public Companies: Revision covers the settlement cycle for ATM offerings (see section 2A:2.2[E]).
  • International Securities Offerings: New discussion covers the Holding Foreign Companies Accountable Act (see section 3:13).
  • Special Purpose Acquisition Companies: New discussions cover the adoption of a U.S. federal excise tax on corporate share repurchases (see section 5A:8.4); the 2022–2023 SPACs special meetings for approval of business combinations and extensions of business combination deadlines and liquidations (see section 5A:8.5); the ratification actions in Delaware (see section 5A:8.6); and restructurings and re-SPACs (see section 5A:8.7).
  • Sustainable Finance: Extensive updates to Chapter 5, with new coverage of sustainability-linked loan documentation guidance (see section 5B:4.4); the EU Corporate Sustainability Reporting Directive, which came into force in January 2023 (see section 5B:5.3); and the EU green bond standard (see section 5B:5.4).
  • Exchange-Traded Funds: Revisions cover Rule 12d1-4 under the Investment Company Act, a new rule designed to streamline and enhance the regulatory framework for funds that invest in other funds (“funds of funds”) (see section 17:3.3).

To aid in your research, the Table of Authorities and Index have also been updated.

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PLI PLUS subscribers can access this title through their subscription.

New Title! Commercial Legal Finance

PLI Press is proud to announce the publication of the new practice guide Commercial Legal Finance.

This book offers industry-specific guidance on the mechanics of litigation and arbitration finance in key jurisdictions and practice areas around the world.  It provides a wealth of applied use cases for law firms and corporations and addresses key questions concerned with legal finance structures, pricing, and ethical considerations. The book also gives a step-by-step overview of the process for obtaining legal finance and a helpful glossary of terms.

Notably, Commercial Legal Finance covers the following important topics:

  • The basics of commercial legal finance (see Chapter 1)
  • The role of the funder (see Chapter 2)
  • The mechanics and economics of funding (see Chapter 3)
  • The major ethical issues related to legal finance (see Chapter 4)
  • The financing of investor-state arbitration (see Chapter 5)
  • Key considerations for financing patent litigation and other intellectual property matters (see Chapter 6)    

In addition, the book devotes full chapters to the use of funding in the U.S. (Chapter 7), England and Wales (Chapter 8), Europe (Chapter 9), Asia (Chapter 10), and Australia (Chapter 11).

We are excited to share this new title with you!

PLUS Subscribers can access this title with their subscription.

Order a print copy today.

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New Edition! Anti-Money Laundering Deskbook (Second Edition)

PLI Press is proud to announce the publication of the second edition of Anti-Money Laundering Deskbook.

This book is a comprehensive and accessible guide to the money laundering and anti-money laundering (“AML”) legal regimes and compliance requirements for U.S. financial institutions. Designed as a practical resource to serve a wide audience of professionals, the deskbook integrates real-world enforcement cases to illuminate complex concepts in a practical way and demonstrates how those cases have shaped AML policies and practices. It also provides insight into the intersection between the two legal regimes, offering a full view of the legal and regulatory landscape.

Some of the recent developments reflected in this new edition include:

  • Criminal money laundering laws: Explanation of the extraterritorial application of the criminal money laundering laws (see Section 2:3.4).
  • AML laws and regulations: Discussion of the AML Act and the expansion of U.S. AML laws and regulations (see Section 4:1.3).
  • AML compliance and enforcement: Coverage of new developments with respect to AML compliance in the digital assets industry and the role of state regulators in AML compliance and enforcement (see Section 4:2.5 and Chapter 8).
  • Money laundering risks: Identification and analysis of the money laundering risks of new financial technologies (see Chapter 12).

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PLI PLUS subscribers can access this title through their subscription.

Treatise Update – Hillman on Documenting Secured Transactions: Effective Drafting and Litigation (Third Edition)

Hillman on Documenting Secured Transactions offers grounded guidance on best practices for documenting and litigating secured transactions prepared pursuant to Revised Article 9 of the Uniform Commercial Code (U.C.C.). It offers a working grasp of the legal, technical, and business aspects of Article 9 transactions and examines the effects of the 2022 Amendments on nearly every article of the U.C.C. To gain free access to Chapter 18, which addresses the 2022 Amendments in more detail, click here.

Among the many topics updated in this new release are the following:

  • Perfection: A table of the new perfection methods under the 2022 Amendments (see section 2:6.2).
  • Signed Security Agreements: A listing of the increased number of situations in which a signed security agreement is not necessary under the 2022 Amendments (see section 4:1.2).
  • After-Acquired Collateral: A summary of the ways in which the 2022 Amendments narrow the scope of the prohibitions against security interests in after-acquired consumer goods or commercial tort claims (see section 7:2).
  • Control Under the 2022 Amendments: A discussion of how the 2022 Amendments offer new ways to perfect security interests in digital assets (see section 18:4).
  • Unperfected Security Interests: An explanation of the changes the 2022 Amendments make to U.C.C. § 9-317(b) regarding buyers who receive delivery (see section 19:2.1).

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PLI PLUS subscribers can access this title through their subscription.

Free Legal Form of the Month

PLI PLUS offers unlimited electronic access to more than 4,500 downloadable, searchable, and editable legal forms ready for use in your practice. To showcase this unique content type, we’ve selected one form per month and made it available for anyone to download for free – no subscription required.

March’s free form:

Commitment Letter for an Acquisition Financing

More information about Legal Forms & Checklists:

  • Forms & Checklists Flyer – This flyer provides an overview of the forms & checklists on PLI PLUS and highlights a handful of popular examples.
  •  Popular PLUS Forms – This flyer provides a list of the top five most downloaded forms in prominent practice areas on PLI PLUS.

Send us an email at plus@pli.edu to learn more.

Treatise Update – Financial Product Fundamentals: Law, Business, Compliance (Second Edition)

The recent increase in federal enforcement of consumer financial services laws and regulations makes it a priority for companies to take stock of their current financial products, to identify potential risks, and to enhance consumer satisfaction efforts.  Fortunately, the treatise Financial Product Fundamentals: Law, Business, Compliance (Second Edition) aids in that process by providing attorneys, compliance personnel, and business professionals with legal, regulatory, and procedural guidance regarding the various financial products, accompanied by many helpful charts, tables, and other graphics.

Highlights from the updated release include:

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PLI PLUS subscribers can access this title through their subscription. Subscribers may also be interested in reading the PLI Current article, Consumer Debt Collection:  A Year in Review and What to Expect Next.