MFDF News Feed
The MFDF News Feed is an electronic journal, or "blog," of alerts, analysis, news and tools focused on the needs of independent directors. Click here to subscribe to the MFDF News Feed and have it delivered electronically to your e-mail inbox.
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July 29, 2021
Driscoll to Depart SEC Exams Unit; Gensler Fills out Policy TeamDaniel Kahl, the Division's Deputy Director, will be named Acting Director upon Driscoll's departure.
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July 27, 2021
FINRA Issues Notice on Best Execution, Payment for Order Flow, with Focus on PriceAn article from lawyers at McGuire Woods noted that, while the FINRA notice mainly reminds firms of existing rules and guidance, there are new concepts in the notice that warrant attention, including FINRA’s focus on price.
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July 26, 2021
Cyber Insurance Rates Increasing, GAO Report FindsThe GAO report cited a recent survey of insurance brokers which found that more than half of respondents’ clients saw prices go up 10–30 percent in late 2020.
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July 22, 2021
Deloitte Study Highlights Gains on Diversity in S&P 500; Diligent Looks at “Lavender Ceiling”According to the report, “advancement is still very incremental, with goals of achieving proportional representation to the presence of women and minorities in the US population sometimes multiple decades away at current rates of change.”
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July 21, 2021
Cyber Enforcement Action Shows Need for Proper Disclosure Controls, ProceduresWithout admitting or denying the SEC’s findings, First American agreed to a cease-and-desist order and to pay a $487,616 penalty.
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July 20, 2021
ESG Strategies Continue Upward Trend; Gensler Hints at ESG Names RuleThe Morningstar U.S. Sustainability Index returned 8.76% during the second quarter, edging out both the U.S. Market Index, which returned 8.72%, and the U.S. Large-Mid Cap Index, which returned 8.45%.
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July 19, 2021
Proposed Legislation Aims to Expand Investor Access to Private EquityThe bill would amend regulations that limit closed-end funds’ investments in private funds to 15% of their net assets unless the fund sells shares to accredited investors with minimum initial investments of at least $25,000 and would restrict activist investors and their affiliates to acquiring no more than 10% of a closed-end fund.
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July 15, 2021
Considerations for Boards as Industry Shifts from Virtual SettingThe return to the in-person environment will no doubt bring logistical challenges and raise important oversight questions for the coming year.
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July 13, 2021
ETF Update: Inflows at Record Pace for 2021P&I cites data from FactSet Research Systems Inc., which observes that through June 21, U.S.-listed ETFs had already captured $434 billion in net inflows.
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July 12, 2021
AMAC Subcommittee Recommends Disclosure on Fund Board DiversityThe Subcommittee on Diversity and Inclusion presented its report and recommendations, one of which called for registered fund firms to make disclosures regarding fund board and fund adviser diversity.
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July 8, 2021
Center for Audit Quality Weighs in on ESG ReportingThe CAQ also shared their view that assurance of climate-related and other company-prepared ESG information performed by a public company auditor can enhance the reliability of this information and offer increased investor protection.
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July 7, 2021
SEC Appoints N.J. Attorney General as Director of Enforcement DivisionAs New Jersey’s Attorney General, Grewal heads the Department of Law & Public Safety, which employs more than 3,700 uniformed officers, 750 lawyers, and thousands of additional public servants, including investigators, regulators, and administrative staff.
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July 6, 2021
MFDF Releases Practical Guidance On Board Self-AssessmentsThe guidance provides boards with tools and strategies to derive more value from the assessment process with the goal of improving boards’ effectiveness in carrying out their fiduciary and oversight responsibilities.
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June 30, 2021
SEC’s AMAC to Hold Meeting on July 7The meeting will include a discussion of matters in the asset management industry relating to: (1) the ESG, Diversity & Inclusion, and Private Investments Subcommittees, including potential recommendations from those Subcommittees; and (2) the Evolution of Advice Subcommittee, including a panel discussion.
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June 29, 2021
ACA Paper Discusses Compliance Considerations for SPACs SponsorsACA Compliance advises that firms considering SPAC sponsorship should understand how the SPAC will be situated and how the SPAC will affect existing advisory clients of the firm.
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June 28, 2021
Cyber, Regulatory Risks Among Top Global D&O Risks in 2021Global respondents ranked cyber attacks as the top liability concern in the eighth annual Directors & Officers Liability Insurance Survey.
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June 24, 2021
SEC Delays as More Advisers Plan Bitcoin ETFs; Lawyers Discuss How Funds Might InvestThe SEC has delayed giving Van Eck approval for its proposed Bitcoin ETF trust and has asked the public to comment on the adviser’s proposal while Invesco plans crypto ETF products.
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June 23, 2021
SEC Agenda Eyes Index Providers; Fund Liquidity and Dilution; Money FundsChairman Gensler also restated his desire for money market reforms and a workable LIBOR replacement in statements at an FSOC meeting.
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June 22, 2021
Ropes Memo Discusses Investment Sanctions, Guidance, Open QuestionsThe Biden executive order largely retains the structure of the investment-based sanctions introduced in late 2020 in the previous administration and the latest prohibitions will take effect on August 2, 2021.
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June 21, 2021
Commissioner Speech Points to Concerns with ESG DisclosuresRoisman cited the need for clarity in definitions, specifically: what precise items of “E,” “S,” and “G” information are investors not getting that are material to making informed investment decisions.
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