SEC Compliance and Disclosure Update

May 24, 2016

Complimentary Webinar Series

McGuireWoods’ SEC practice group provided an informative discussion of securities law developments, as well as guidance on compliance matters.


Private equity funds responsible for multiemployer plan withdrawal liability of portfolio company
Taylor Wedge French, Partner
Taylor discussed the circumstances that led to related private equity funds being responsible for multiemployer plan withdrawal liability incurred by a portfolio company, and the implications of this case.

U.S. Department of Justice suing activist for alleged Hart-Scott-Rodino violation
J. Brent Justus, Partner
Brent covered the U.S. Department of Justice’s allegations that an activist investment firm could not rely on the “passive investor” provisions and as a result failed to file a required HSR notification.

New U.S. Department of Labor rule on ERISA fiduciary investment advice
Jeffrey R. Capwell, Partner
Jeff presented an overview of the U.S. Department of Labor’s controversial new rule that dramatically expands the definition of when a person is a fiduciary of an ERISA employee benefit plan or of an IRA by virtue of providing investment advice for a fee. He will cover key aspects of the new rule and related new prohibited transaction exemptions, and he will discuss some of implications of the rules for providers of investment services.

Disclosure-only settlements in M&A litigation
Brian E. Pumphrey, Partner
Jay Hughes, Partner
Brian and Jay covered the current status of disclosure-only settlements in the M&A context.

The program was moderated by James M. Anderson, III, Partner.