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Mutual Fund Minute

Sidley Austin LLP

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Welcome to Sidley’s Mutual Fund Minute podcast. Join us for this series of short insights addressing issues of interest to fund directors, advisers, and other stakeholders. Each week Sidley Senior Counsel Jay Baris and guests discuss new trends, regulations, and developments and how they will affect you.
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Are state-chartered trust companies "banks" that can custody digital assets for investment advisers and funds? In this episode of Mutual Fund Minute, Sidley Investment Funds partner Chuck Daly and host Jay Baris examine SEC staff guidance interpreting the definition of a "bank" in the Investment Advisers Act and the Investment Company Act. Tune in …
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In this episode of Mutual Fund Minute, Sidley Investment Funds partner Matthew Kutner joins host Jay Baris to tell you what you need to know about regulatory developments that will allow mutual funds to issue ETF share classes. Matt and Jay explore what ETF share classes are, how they work, potential risks for investment advisers and fund directors…
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In this episode of Mutual Fund Minute, Leonard Ng, head of the firm’s UK/EU Financial Services Regulatory group, joins host Jay Baris to discuss developments in asset management in the UK and EU. Jay and Leonard discuss how the UK’s Financial Conduct Authority hopes to make the UK more competitive with the EU in the post-Brexit environment.…
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In this episode of Mutual Fund Minute, Nathan Greene, Sidley partner and leading regulatory lawyer , joins host Jay Baris to discuss how the Securities and Exchange Commission eased restrictions on co-investments involving closed-end funds and business development companies (BDCs). Jay and Nathan discuss how the SEC’s action changes the regulatory …
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In this episode of Mutual Fund Minute, Paul Cellupica, the General Counsel of the Investment Company Institute, and host Jay Baris continue to analyze the ICI’s proposals to revisit the Investment Company Act of 1940. They discuss the “retailization” phenomenon, revising the annual shareholder meeting requirement for closed-end funds, easing restri…
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In this episode of Mutual Fund Minute, Paul Cellupica, the General Counsel of the Investment Company Institute, joins Sidley’s Jay Baris to discuss the ICI’s proposals to modernize the Investment Company Act of 1940. The ICI’s report, called “Reimagining the 1940 Act: Key Recommendations for Innovation and Investor Protection,” outlines specific pr…
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This week on Mutual Fund Minute, Sidley partner Jay Baris continues his conversation with William Long, the global co-chair of Sidley’s Privacy and Cybersecurity practice who also heads Sidley’s EU Data Protection group. Together, they discuss the application of AI and related risks involving investment managers arising out of the EU’s AI Act. This…
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This week on Mutual Fund Minute, Sidley partner Jay Baris talks with William Long, the global co-chair of Sidley’s Privacy and Cybersecurity practice who also heads Sidley’s EU Data Protection group. William summarizes the world’s first artificial intelligence adopted by the European Union and its implications in Europe and the U.S. This episode is…
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This week on Mutual Fund Minute, Sidley partner Jay Baris and Carolyn McPhillips, President at the Mutual Fund Directors Forum, continue celebrating the 100th anniversary of the American mutual fund. Carolyn shares her views on the oversight by fund directors, the SEC’s proposed mandatory swing pricing rule, issues relating to fund chief compliance…
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This week on Mutual Fund Minute, Jay Baris continues his conversation about the growing interest in artificial intelligence for investment managers with Sidley’s Hardy Callcott and Nathan Greene. Hardy is a San Francisco-based partner in Sidley’s Securities Enforcement and Regulatory practice who focuses on securities and regulatory issues for brok…
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This week on Mutual Fund Minute, Jay Baris talks about the growing interest in artificial intelligence with Sidley’s Hardy Callcott and Nathan Greene. Hardy is a San Francisco-based partner in Sidley’s Securities Enforcement and Regulatory practice who focuses on securities and regulatory issues for broker-dealers, investment advisers, and mutual f…
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In this episode of the Mutual Fund Minute, Sidley partner Jay Baris and Eric Pan, President and CEO of the Investment Company Institute, celebrate the 100th anniversary of the first American mutual fund. Eric shares his views on topics, including the SEC’s regulatory agenda, the role of AI in asset management, and ideas to modernize the Investment …
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In this episode of the Mutual Fund Minute, Sidley partner Jay Baris and Eric Pan, President and CEO of the Investment Company Institute, celebrate the 100th anniversary of the first American mutual fund. Eric shares his views on the challenges that funds, independent directors, and investors face in the current regulatory environment. Part 1 of 2 e…
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SEC Commissioner Hester M. Peirce sat down with Sidley partner Jay Baris to share her views on a wide range of topics concerning mutual funds and investment management. In this episode of the Mutual Fund Minute, Commissioner Peirce discusses the SEC’s proposed safeguarding rule, the Supreme Court’s Howey test, CCO liability and the future of crypto…
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SEC Commissioner Hester M. Peirce met with Sidley partner Jay Baris in Washington, D.C. to share her views on a wide range of topics concerning mutual funds and investment management. In this episode of the Mutual Fund Minute, Commissioner Peirce discusses the SEC’s approval of 11 exchange-traded products that will trade in bitcoin, the SEC’s regul…
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Are you now a securities dealer? The Securities and Exchange Commission (SEC) blurred the distinction between who is an investor or mere trader and who is a “dealer” for purposes of the Federal Securities Laws when it adopted final rules on February 6, 2024, defining activities that require someone to register as a “dealer” or a “government securit…
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A divided U.S. Securities and Exchange Commission cautiously heralded a new crypto era, on January 10, 2024, when it approved by a 3 to 2 vote multiple exchange-traded products that invest directly in bitcoin for listing and trading. To get to this point, the Commission followed a long and rocky road. While the Commission’s approval was a cause for…
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On Halloween 2023, the U.S. Department of Labor spooked the investment adviser world when it proposed rules that would redefine who is a fiduciary when someone provides investment advice for purposes of the Employee Retirement Income Securities Act of 1974 (ERISA). If adopted as proposed, these rules would greatly expand the categories of investmen…
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The Financial Stability Board, or FSB, is laser-focused on money market funds, mutual funds, and private funds. Specifically, the FSB is concerned that leverage in these funds and other so-called nonbank financial institutions could lead to market volatility, and, worse, could destabilize the global financial system. In this episode of the Mutual F…
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Why me? And why now? That is usually the first thing an investment adviser asks when the Securities and Exchange Commission’s Division of Examinations comes knocking on the door. Understanding why the SEC chooses advisers for examinations at any given time could help the adviser better prepare for the inevitable. In this episode of the Mutual Fund …
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Naming a registered investment company will become more challenging now that the Securities and Exchange Commission has significantly broadened the scope of the rule governing fund names. Moreover, the SEC estimates that when the Names Rule goes into effect, three out of four registered funds will be subject to the new requirements. In this episode…
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Federal regulators propose to make it easier to designate a nonbank financial company as a systemically important financial institution that could threaten the financial stability of the economy if it were to fail. In this episode of the Mutual Fund Minute, host and Sidley partner Jay Baris speaks with Joel Feinberg – co-leader of Sidley’s Banking …
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The recent collapse of several high-profile banks has amplified concerns among money managers and fund directors about counterparty risk. What should advisers and fund directors know about counterparty risk? How can they identify and manage the potential pitfalls, while simultaneously satisfying their oversight responsibilities? In this episode of …
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Money market funds dodged a bullet when the SEC declined to impose swing pricing when it adopted final reform rules on July 12, 2023. Listen here as Sidley’s Jay Baris and Doug McCormack discuss the new money market reform rules, including the mandatory liquidity fee and how they affect funds, investors, and fund directors.…
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Listen here as Jay Baris and Nathan Howell, partners in Sidley’s Investment Funds group, unravel the regulatory mysteries of how mutual funds, ETFs, and registered closed-end funds can invest in commodity futures contracts, subject to the jurisdiction by both the SEC and the CFTC.By Sidley Austin LLP
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Listen here as Investment Funds partner Jay Baris and Ranah Esmaili, a partner in Sidley's Securities Enforcement and Regulatory practice, discuss the sweeping rules proposed by the SEC that would require funds and investment advisers to disclose more specific information about investment companies, private funds, and SMAs pursuing ESG investment s…
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Can a chatbot write a fund prospectus? Listen here as Jay Baris and Nathan Greene, partners in Sidley’s Investment Funds group, discuss how funds and investment advisers will use artificial intelligence, and how fund directors and investment managers can evaluate and understand the potential benefits – and challenges – that AI presents.…
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Tune into Mutual Fund Minute, as Jay Baris, a partner in Sidley’s Investment Funds group, looks at the growing interest in index-based investing by mutual funds and ETFs that has prompted the SEC to ask whether they should regulate index providers and other service providers as investment advisers. This episode looks at the implications for funds a…
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With the 2020 NHHA series wrapped up, we have the champion himself, Dalton Shirey, call in to the studio live from Mexico where he is pre-running for the Baja 1000. We also have in studio guests Bradley East and Ryan Smith here to help break down their seasons, how they got started with their careers, and Ryan Smith announcing his retirement. Tune …
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In our first episode back since the COVID lockdown began, the boys finally get a chance to catch up and break down events that happened during our hiatus. We also have a pair of interviews with a couple of Honda badasses in Preston Campbell and Justin Jones. We are so happy to finally have a new episode for you. WELCOME BACK!…
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We were lucky enough to have Skyler Howes in studio with us for this weeks show. Skyler just finished in the top 10 as the only privateer at this year's Dakar Rally. He's here to share all of the interesting stories and juicy info with us from his journey. Whether it's flying camels, or the serious injuries his team owner sustained in a wild crash,…
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Oakland Supercross brought us some of the best racing we have seen so far this season! The guys breakdown both the 250 and 450 classes, and evaluate where the season is heading. Then, the podcast gets dynamic when the conversation turns over to the opening rounds of west coast off road. The NHHA round one results are in, and the boys were close wit…
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We have a wild show for you today ladies and gentlemen! Justin Jones, a.k.a. JBones42, is filling in for Austin Charters while he is out with pneumonia this week. This is an action-packed show with special guests like Axel Pearson, Kevin Dejongh, and Jeremy Cable. You don't want to miss this jampacked episode full of off-road goodness! Enjoy!…
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In what is perhaps our most important podcast to date, this episode is nothing but stories about our dear friend - Kurt Caselli. You see, it was at the 2018 ride day that Ben and Austin came up with the idea to start DMN. As a way to pay tribute to our inspiration and fallen hero, we decided to show up to this years event armed with recording equip…
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With this years ISDE well under way, we thought we would check in with a few of our boys in Portugal to see how things are going. Tune in now to hear details about the mechanical failure that forced American hopeful Jacob Argubright out of competition. We also have friend of the show, Justin Jones, join us to give us his perspective on this years r…
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