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September 20, 2022

At the end of July, Delaware Governor John Carney signed into law amendments (Control Share Statute) to the Delaware Statutory Trust Act (DSTA) which apply to all registered closed-end funds (CEFs) and business development companies (BDCs) that are organized as Delaware statutory trusts and have a class of equity securities listed on a national securities exchange.

September 19, 2022

Ernst & Young recently released a report on corporate board issues entitled, “How to Increase the Board’s Impact in Volatile Times” which analyzes how corporate boards view, measure, and can improve their strategic value.

September 15, 2022

Paul Reisz of PIMCO will discuss the impacts of rising rates, inflation, global volatility and other market volatility issues that affects fund investment strategies.

September 14, 2022

The SEC published a draft Strategic Plan spanning FY2022-2026 that establishes three primary goals for the agency. Those goals include: 1) investor protection; 2) a regulatory framework that keeps pace with evolving markets; and 3) building out a skilled SEC workforce that is diverse and able to advance the SEC’s mission.

September 13, 2022

During this webinar, Professor Stewart will dive in to the key findings from his latest research Performance, Perception, and Manager Selection.

September 12, 2022

In a recent article, the authors provide a mid-year update to ESG related issues, a discussion of the war in Ukraine, and summarize key regulatory developments including SEC enforcement actions and the impact the recent Supreme Court case, West Virginia v. Environmental Protection Agency.

September 8, 2022

The authors of the report state that in the past “agencies presumably saw Chevron deference as an important tool to use in writing regulations” with a study noting a 94%-win rate (from 2003-2013) if the court made it to the second step of the framework. However, in recent years the report notes “agencies could be shying away from explicitly citing Chevron,” and that there are “major actions by this administration [Biden] that do not cite the case at all.”

September 7, 2022

A recent study analyzes changes to mutual funds’ declared benchmarks and how performance metrics for those funds changed as a result. The study notes that funds choosing to switch their benchmark experienced an average 0.8% increase in one-year returns, a 2.4% bump over five years, and 4.8% improvement in the 10-year time frame.

September 6, 2022

Davis Polk and McKinsey & Company will host a joint webinar on recent SEC proposals to enhance ESG disclosures and fund name requirements for registered funds as they face novel legal and compliance challenges related to ESG disclosure proposals.

August 25, 2022

A recent blog post highlights a Glass Lewis report that details trends in the 2022 proxy season, including that shareholders are still focused primarily on board diversity and executive compensation.

August 24, 2022

The Mutual Fund Directors Forum submitted two comment letters to the SEC this month covering recent proposals on ESG disclosure by funds and investment advisers as well as a on a proposal that would amend the Names Rule.

August 23, 2022

On August 16, 2022, MFDF filed a comment letter with the SEC on the Commission's rule proposal regarding certain terms used in fund names.

August 23, 2022

On August 16, 2022, the Forum submitted a comment letter to the SEC responding to rule proposals regarding disclosures by investment advisers and investment companies with respect to their use of ESG factors in their investment activities.

August 23, 2022

A recent blog post entitled, “West Virginia v. EPA Casts a Shadow Over SEC’s Proposed Climate-Related Disclosure Rule” discusses the impact the Supreme Court’s June 30 decision may have on the SEC’s current rule proposals. The authors note that the Court’s decision could interfere with the SEC’s proposed rule on climate-related disclosure.

August 18, 2022

Senate Agriculture Committee Chair Debbie Stabenow (D-MI) and Committee Ranking Member John Boozman (R-AR) introduced the “Digital Commodities Consumer Protection Act of 2022” which would give the CFTC new authority to regulate digital assets. The legislation would place the CFTC in the lead oversight role for Bitcoin and Ether and require all digital commodity platforms—including trading facilities, brokers, dealers, and custodians—to register with the CFTC.

August 17, 2022

A recent blog post entitled, “Board Effectiveness and the Chair of the Future” highlights the important and necessary role board chairs play in organizational governance and leadership generally.

August 16, 2022

The Financial Stability Oversight Council convened to discuss progress made by the Council and its members to identify and address climate-related financial risk. As part of the meeting, the FSOC released a factsheet highlighting the progress of the Climate-related Financial Risk Committee, which has representation from all fifteen FSOC members.

August 11, 2022

The SEC adopted a final rule that changes amendments previously finalized in July 2020 under Chair Jay Clayton to rules governing proxy solicitations and the filing exemptions for proxy voting advice.

August 10, 2022

CFTC Chairman Rostin Behnam delivered remarks discussing the future of crypto regulation and identified risks in the crypto space arising from “macroeconomic factors, leverage built up by the emergence of new financial products, high risk investing, and contagion.”

August 9, 2022

Ernst & Young plans to host two webinars, one event covering ESG and one event touching on the value-add of boards of directors.