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Not Off The Hook: The SEC Addresses Its Position On Exculpation And Indemnification For Private Fund Advisers - Fund Management/ REITs

In its final Private Fund Adviser Rules adopted last year, the SEC dropped one of the more controversial proposed rules—the proposal to prohibit contractual exculpation or indemnification.

SEC Staff Issues Bulletin on the Care Obligations of Advisers and Broker-Dealers to Retail Investors | Proskauer Rose LLP

Investment Advisers: The Independent Duties of Care and Loyalty | Faegre Drinker Biddle & Reath LLP

There appear to be conflicting views of whether an investment adviser’s duty of care can be satisfied by disclosures that satisfy the duty of loyalty. That is, if an adviser discloses.

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