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SEC Division Of Examinations Announces 2021 Priorities | Tonkon Torp LLP
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What Investment Advisers and Fund Managers can Expect from the SEC Under the Biden Administration | Winstead PC
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Last week, the Securities and Exchange Commission’s newly renamed Division of Examinations (formerly known as the Office of Compliance Inspections and Examinations) published its 2021 Examination Priorities (“Exam Priorities”). This annual guidance reports on the Division’s accomplishments and rates of examinations for the prior year, and seeks to promote compliance, prevent fraud, identify and monitor risk, and inform policy. It provides industry participants with a road map to plugging any gaps in their compliance.
Many of the Exam Priorities are perennials for example, those related to broker-dealer sales practices and treatment of seniors, and registered investment adviser compliance programs but these are supplemented by the Division’s focus on risks that have emerged in recent years, including information security, digital assets, and operational resiliency in light of climate-change related risks. This
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The U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”), in the span of about 48 hours in the first days of March, wrapped up two challenges to hospital deals – one dropped, the other settled (pending court approval). Both outcomes should be viewed as important indicators of both the issues the enforcement agencies are likely to focus on in health care industry deals and why market definition is particularly critical in health care market transactions.
The Philadelphia Case
On Monday, March 1, the FTC announced that it was walking away from its year-old challenge to the pending merger of the Philadelphia-area Jefferson Health (“Jefferson”) and Albert Einstein Healthcare Network (“Einstein”). The case was filed in February 2020, and the FTC was joined by the Pennsylvania Office of Attorney General (“PA-AG”). The FTC and PA-AG, unsuccessfully, sought a preliminary injunction
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