 Recent Publications and Articles
“Employment Pitfall – Worker Misclassification May Bring Penalties,” reprinted from the New York Law Journal, September 10, 2008.
“Revised Summary of the SEC’s Emergency Orders Issued on September 18, 2008 Taking Temporary Action to Respond to Market Developments, and Amendments to These Orders Issued on September 21, 2008” (September 2008)
"Increased Estate Planning Opportunities in Current Low Interest Environment," April 7, 2008.
"Brownfields Cleanup - Case Law, Amendments May Modify Program," reprinted from the New York Law Journal, March 12, 2008.
"The Fund Manager's Dilemma: the Need to Know versus the US Insider Trading Laws," published in the Alternative Investment Management Association Magazine's Autumn 2008 Edition.
" 'Green' Contracts – Documents Should Reflect LEED Requirements," reprinted from the New York Law Journal, November 14, 2007.
"The Territoriality Principle and Protection for Famous Marks in the Americas," reprinted from International Law Practicum, Vol. 20, No. 2, Autumn 2007
"SEC Proposes Revisions to Regulation D" (August 2007)
"SEC Proposes Revisions to Rule 144 and Rule 145 To Shorten the Holding Period for Affiliates and Non-Affiliates" (September 2007)
"Time Is Money – Contractual Treatment of Delay Damages," reprinted from the New York Law Journal, August 29, 2007.
"Non-U.S. Trademark Owners Should Consider Protecting Trademarks in the US Even if There Is No Current US Use," Reprinted with permission from the November 2007 issue of the Intellectual Property & Technology Law Journal.
"Final Rule to Prohibit Fraud by Investment Advisers to Certain Pooled Investment Vehicles Adopted." (August 2007)
"EC Trademark Owners Should Consider Protecting Trademarks in the U.S. Even If There Is No Current U.S. Use" (June 2007)
"FTC Action Alerts Fund Managers that Significant Investments May Be Subject to Pre-Acquisition Notification Requirements under the Hart-Scott Rodino Act" (June 2007)
"Annual Verification Of Investors’ Status Under New Issue Rule" (February 2007)
"Hedge Fund Investor Protection – Current SEC Rulemaking with Regard to Rule 206 and the Accredited Investor Standard" (February 2007)
"Proposed Rule to Prohibit Fraud by Investment Advisers and Proposed Revisions to the Definition of Accredited Investor" (January 2007)
"True Understanding -- Michael G. Tannenbaum discusses setting up a hedge fund and accessing US capital," Hedge Fund Manager, Special Report: How to Start a Hedge Fund in the US, January 2007. For reprints or further information, email Michael G. Tannenbaum at tannenbaum@thshslaw.com
"Recently enacted Pension Protection Act will make it easier for hedge fund managers to accept pension investment," Alternative Investment Quarterly, No. 20, Third Quarter 2006.
"The End of the 60-Day Rule or, at Least, So We Thought!" NYSBA, Commercial and Federal Litigation Section Newsletter, Winter 2006, Vol. 12, No. 3, Page 15.
Rule 2A51-1 -- Definition of “Investments” for Purposes of Section 2(A)(51) (Definition of "Qualified Purchaser") (November 2006)
SEC Issues No-Action Letter Response to ABA Letter Requesting Clarification of Goldstein Decision, (August 2006)
Congress Passes Pension Legislation that Would Make It Easier for Fund Managers to Accept Pension Investment, (August 2006)
SEC Issues Interpretive Guidance On "Soft Dollars" Safe Harbor, (July 2006)
"Will North Dakota Save Three Tier?," Beer Business Daily, July 10, 2006 (quoting Andre R. Jaglom)
U.S. Court of Appeals Invalidates Hedge Fund Investment Adviser Registration Rule, (June 2006)
"Commercial Division Uniform Rules Become a Reality," NYSBA Commercial and Federal Litigation Newsletter, Spring 2006, Vol. 12, No. 1, pages 3-4
SEC Investment Adviser Registration for Hedge Fund Managers - The Private Fund Rule (February 2006)
Convergence of hedge funds and private equity funds, by Michael G Tannenbaum
(February 2006)
Lesson in Law for Advisers, Structured Products
(January 2006)
Employment Notes ALERT: New Department of Labor Rules Regarding Treatment of Returning Service Members
(December 2005)
DOL Announces Changes to QPAM Exemption
GlobalNote (August 2005)
The New Bankruptcy Law Amendments and their Impact on Business Bankruptcy Cases
New York Law Journal (May 2005)
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The Journal of Investment Compliance (Spring 2005)
Section 1031 to the Rescue? The 'like-kind exchange' tax deferral mechanism may not always be the prudent choice.
New York Law Journal (April 11, 2005)
Final Regulations Issued on Diversification Requirements for Variable Annuities, Endowments and Life Insurance Contracts
Bullet Point (April 4, 2005)
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