The Capital Commitment

Proskauer on Private Fund Litigation

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Mark S. Audet

Mark Audet is an associate in the Corporate Department and a member of the Private Funds Group.

Mark focuses his practice on counseling investment advisers on regulatory and compliance issues under the federal securities laws. Previously, Mark was a securities compliance examiner in the U.S. Securities and Exchange Commission’s Division of Examinations (formerly the Office of Compliance Inspections and Examinations), where he conducted regulatory examinations of registered investment advisers to hedge funds, private equity funds, credit funds, mutual funds, BDCs, and other asset classes.

Before joining Proskauer, Mark was Chief Compliance Officer and Counsel at Matrix Capital Management, a long/short hedge fund based outside of Boston.

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SEC Examinations in 2023 to Focus on “Riskier Private Funds” and New Marketing Rule

On February 7, 2023, the Division of Examinations of the U.S. Securities and Exchange Commission released its 2023 Examination Priorities (“Annual Priorities”). Released at the beginning of each calendar year, the priorities tend to repeat the previous year’s priorities, and consumers of these regulatory tea leaves need to search closely for clues as to what … Continue Reading

SEC Proposes ESG Reporting and Disclosure Requirements for Private Fund Advisers

On May 25, the Securities and Exchange Commission issued proposed rules under the Investment Advisers Act of 1940 for advisers to private funds that consider environmental, social or governance factors (“ESG”) as part of one or more significant investment strategies. The proposed rules would require advisers employing ESG strategies to report additional information about those … Continue Reading

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