News & Publications

On 5 February 2024, the US Fifth Circuit Court of Appeals heard oral arguments from the Securities and Exchange Commission (SEC) and industry groups representing private investment fund sponsors, in the industry groups' ongoing petition to vacate the new private fund adviser rules (PFAR) adopted by the SEC on 23 August 2023. Arguments from both sides largely centered on whether the SEC overstepped its authority in adopting the PFAR. While both sides agreed that private funds are [...]

On Monday, January 29, 2024, the Colorado Supreme Court issued a decision that clarifies when Colorado's three-year statute of limitations for breach of contract claims starts to run, holding that "a breach of contract claim accrues at the time the breach is, or in the exercise of reasonable diligence should have been, discovered." In City & Cty. of Denver v. Bd. of Cty. Comm'rs of Adams Cty., 2024 CO 5, the Colorado Supreme Court addressed a claim [...]

On January 16, 2024, the Supreme Court of the United States heard oral argument in Macquarie Infrastructure Corp. v. Moab Partners, No. 22-1165, a case considering whether a private plaintiff may plead a claim under Section 10(b) of the Securities Exchange Act based on an issuer's failure to disclose a known trend or uncertainty required to be disclosed under Item 303 of Regulation S-K even without identifying a particular statement rendered misleading by the alleged omission. [...]