Brian J. Kozlowski, Partner

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May 14, 2013 Newsletter Private Equity Update - Spring 2013
The Winston & Strawn Private Equity Newsletter is a quarterly publication intended to provide insight into the latest legal and industry developments affecting private equity funds and their portfolio companies.
April 8, 2013 Briefing SEC Approves Social Media Postings for Disclosure of Material Corporate Information
Recognizing the growing influence and reach of social media, the SEC announced on April 2, 2013 that public companies may use social media outlets such as Facebook and Twitter to disclose material non-public information in compliance with Regulation FD under the Securities Exchange Act of 1934.
January 31, 2013 Briefing Reminder of Annual Requirements for Investment Managers
As we begin the New Year, we thought it would be helpful to remind our clients that manage separate accounts or private funds, whether hedge funds, private equity funds, commingled funds, or commodity pools, of certain obligations that may be applicable to them as “Investment Managers” under various U.S. federal and state laws and regulations.
January 10, 2013 Newsletter Private Equity Update - Winter 2013
The Winston & Strawn Private Equity Newsletter is a quarterly publication intended to provide insight into the latest legal and industry developments affecting private equity funds and their portfolio companies.
February 29, 2012 Briefing SEC Revises Rules on Advisory Performance Fee Charges
On February 15, 2012, the Securities and Exchange Commission adopted amendments to its rule on investment advisory performance fees under the Investment Advisers Act by revising the dollar amount thresholds used to determine whether an investor is a “qualified client.”
February 15, 2012 Briefing CFTC Eliminates and Revises Rule 4.13 Registration Exemptions and Limits Rule 4.5 Exclusion
On February 9, 2012, the Commodity Futures Trading Commission issued final rules that, among other things, rescinded certain relief from registration as a commodity pool operator with the CFTC.
January 25, 2012 Briefing 2012 Reminder of Annual Requirements for Investment Managers
As we begin the New Year, we thought it would be helpful to remind our clients that manage separate accounts or private funds, whether hedge, private equity, or commingled funds of certain obligations that may be applicable to them under various U.S. federal and state laws and regulations.
January 5, 2012 Briefing SEC Amends “Accredited Investor” Definition
On December 21, 2011, the SEC amended the definition of “accredited investor” under the Securities Act of 1933 to change the treatment of an investor’s primary residence in determining accredited investor status.
June 2, 2011 Briefing SEC Proposes Rule to Disqualify Felons and Bad Actors from Regulation D Securities Offerings
January 7, 2011 Briefing Reminder of Annual Requirements for Investment Managers
As we begin the new year, we thought it would be helpful to remind our clients that manage separate accounts or privately offered hedge funds and private equity funds (“Investment Managers”) of certain obligations that may be applicable to them under various U.S. federal and state laws and regulations.
August 24, 2009 Briefing Regulation and Registration of Private Equity/Venture Capital Fund Advisers
On June 17, 2009, the Department of Treasury released a White Paper on Financial Regulatory Reform, which proposed that advisers to private pools of capital register with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended.
July 30, 2009 Briefing Update on Proposed Legislation to Tax Income Attributable to Partnership Profits Interests for Services as Ordinary Compensation Income
Proposals to tax income attributable to a carried interest as ordinary “self-employment” income are not new.
June 19, 2009 Briefing Obama Administration Proposes Comprehensive Reform of Financial Regulation: SEC Registration of Advisers to Hedge Funds and Other Private Pools of Capital; Harmonization of Securities and Futures Regulation and Investment Adviser/Broker-Dealer Regulation
Much of the Proposal represents a significant shift in the government’s role in the financial markets, as it takes on a much more active position with respect to the protection of consumers of financial products and services and the supervision of “systemic risk.”