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Article
Publication date: 7 November 2016

Jason Daniel

To explain a US Securities and Exchange Commission (SEC) enforcement action against a registered investment adviser to private equity funds for allegedly providing…

Abstract

Purpose

To explain a US Securities and Exchange Commission (SEC) enforcement action against a registered investment adviser to private equity funds for allegedly providing brokerage services in connection with the acquisition and disposition of the securities of portfolio companies while not being registered as a broker dealer, making undisclosed use of fund assets, and failing to adopt policies and procedures designed to prevent the alleged violations.

Design/methodology/approach

Describes the services provided by the investment adviser, the compensation paid, and the SEC’s other bases for enforcement, and draws conclusions for private equity fund advisers.

Findings

The SEC has begun pursuing transaction-based compensation paid to private equity fund advisers relating to portfolio company transactions as illegal brokerage commissions. The Commission also continues to target the adviser’s undisclosed use of client fund capital, especially in private equity funds.

Originality/value

Practical explanation by experienced investment management lawyer.

Article
Publication date: 3 July 2017

J.P. Bruynes, Jason Daniel and Libbie Walker

To explain the final position limit aggregation rules and exemptions pertaining to derivative positions in nine agricultural commodities adopted by the Commodity Futures…

126

Abstract

Purpose

To explain the final position limit aggregation rules and exemptions pertaining to derivative positions in nine agricultural commodities adopted by the Commodity Futures Trading Commission on December 5, 2016 and effective February 14, 2017, the notice filing deadline with respect to which was extended by the CFTC by limited time no-action relief until August 14, 2017.

Design/methodology/approach

Explains the position limit aggregation rules and exemptions pertaining to equity interests in owned entities, ownership or equity interests in pooled accounts or positions, positions of an “eligible entity” in connection with client positions carried by an “independent account controller,” positions held by futures commission merchants (FCMs) in discretionary accounts or customer trading program accounts, equity interests of underwriters based on unsold allotments of securities in distributions, broker-dealers if the equity interest is acquired in the normal course of business and positions for which information cannot be collected without risk of violating a law.

Findings

Unless an exemption from aggregation is available, all positions in accounts for which any person controls the trading or holds a 10 per cent or greater ownership or equity interest must be aggregated with positions held, and trading done, by such person. The final rule adds several new exemptions, including for persons with a 10 per cent or greater ownership or equity interest in an entity so long as certain conditions establishing independence are met. The final rule requires notice filing to take advantage of most exemptions from aggregation.

Originality/value

Practical guidance from experienced lawyers specializing in securities, funds, and investment management.

Details

Journal of Investment Compliance, vol. 18 no. 2
Type: Research Article
ISSN: 1528-5812

Keywords

Case study
Publication date: 20 January 2017

Daniel Diermeier, Jason Hermitage, Shail Thaker and Justin Heinze

An abstract is not available for this product.

Abstract

An abstract is not available for this product.

Details

Kellogg School of Management Cases, vol. no.
Type: Case Study
ISSN: 2474-6568
Published by: Kellogg School of Management

Keywords

Case study
Publication date: 20 January 2017

Daniel Diermeier, Jason Hermitage, Shail Thaker and Justin Heinze

In the 1960s thalidomide, a popular new drug considered to be safe and effective, was revealed to cause severe nerve damage and birth defects in newborn infants, prompting…

Abstract

In the 1960s thalidomide, a popular new drug considered to be safe and effective, was revealed to cause severe nerve damage and birth defects in newborn infants, prompting health officials to ban the use of the drug and tighten overall restrictions on new drugs and drug use. Twenty years later, after recognizing the positive effects of thalidomide when treating patients with leprosy and its potential role in the treatment of certain types of cancer and cases of HIV/AIDS, the Celgene corporation would be forced to contend with stringent FDA regulations, liability concerns, public skepticism, and poor mass media portrayal in order to secure the drug's approval.

To illustrate how regulators are subject to political pressure, which companies much recognize and consider when making business decisions.

Details

Kellogg School of Management Cases, vol. no.
Type: Case Study
ISSN: 2474-6568
Published by: Kellogg School of Management

Keywords

Article
Publication date: 1 July 2012

Alicia R. Crowe, Todd S. Hawley and Elizabeth W. Brooks

In this study we explored prospective social studies teachers’ memories of their middle and high school social studies teachers. Our goal was to determine what lessons, if…

Abstract

In this study we explored prospective social studies teachers’ memories of their middle and high school social studies teachers. Our goal was to determine what lessons, if any, their apprenticeships of observation taught them about teaching. Analysis of interviews with these prospective teachers indicated they talked about five ways of being a social studies teacher: an information giver, a content knowledge expert, a “character”, a caring, committed teacher, and “powerful.” After discussing these five ways of being a social studies teacher we present implications for teacher educators interested in building upon prospective teachers' initial conceptions of powerful social studies teaching and learning.

Book part
Publication date: 17 March 2010

Daniel Jason Potter

Purpose – Child abuse is widely accepted as having a negative effect on children's academic achievement. It is less clear why this relationship exists. Current…

Abstract

Purpose – Child abuse is widely accepted as having a negative effect on children's academic achievement. It is less clear why this relationship exists. Current explanations of the abuse-academic achievement connection rely on psychological theories that overlook the impact the abuse has on children's developmentally relevant social circumstances.

Methodology/approach – Using data from the National Survey of Adolescents (NSA), a nationally representative sample of youth between the ages of 12 and 17 years old, a social capital perspective is implemented to show how abuse impacts academic achievement.

Findings – Children victimized by physical or sexual abuse are more likely to join deviant peer groups, which in turn leads to increased levels of delinquent behavior by the individual. Both the “negative” social capital of the peer group and the deviant individual behaviors explain away much of the disparity in performance between abused and non-abused children and contribute to the overall understanding of the mechanisms responsible for the effects of abuse.

Originality/value of chapter – These findings provide evidence of the impact abuse can have on children's well-being and outlines social mechanisms that connect abuse victimization to children's outcomes.

Details

Children and Youth Speak for Themselves
Type: Book
ISBN: 978-1-84950-735-6

Abstract

Details

Mixed-Race in the US and UK: Comparing the Past, Present, and Future
Type: Book
ISBN: 978-1-78769-554-2

Abstract

Details

Corporate Fraud Exposed
Type: Book
ISBN: 978-1-78973-418-8

Content available
Book part
Publication date: 17 March 2010

Abstract

Details

Children and Youth Speak for Themselves
Type: Book
ISBN: 978-1-84950-735-6

Book part
Publication date: 3 August 2015

Peter J. Frischmann, Lela D. “Kitty” Pumphrey and Mukunthan Santhanakrishnan

This instructional tool enhances coverage of statement of cash flows topics in graduate or upper division undergraduate accounting and finance courses.

Abstract

Purpose

This instructional tool enhances coverage of statement of cash flows topics in graduate or upper division undergraduate accounting and finance courses.

Methodology/approach

We review one of the complexities of preparing the statement of cash flows. The exercise may include a discussion of the mechanics of preparation of the statement of cash flows using the indirect method. This discussion might include rationales behind operating section adjustments and highlight the pitfalls of using these adjustments without understanding their reasons. Preparation of a statement of cash flows may be followed by introducing the concept of nonarticulation and how it can cause the information presented in the statement to be misleading. To further understanding, the instructor may introduce the reconciliation worksheet provided. Finally, a current public company example, also provided, highlights the magnitude of nonarticulation in practice.

Findings/practical implications

Students learn the complexities related to the preparation of the statement of cash flows. They are introduced to the concept of nonarticulation using an example of public company financial statements. Student feedback suggests appreciation for developing a deeper understanding of the statement of cash flows, learning why they are unable to replicate disclosed operating cash flow from balance sheets of publicly traded companies.

Details

Advances in Accounting Education: Teaching and Curriculum Innovations
Type: Book
ISBN: 978-1-78441-646-1

Keywords

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