New SEC Anti-Fraud Rule Has Sweeping Implications

Law360, New York (October 23, 2007, 12:00 AM EDT) -- Over the last year, a schism has developed between the U.S. Securities and Exchange Commission (SEC or Commission) and the Federal Courts over the scope of the Commission’s authority to regulate hedge funds’ business operations.

Following the Goldberg decision last year which struck down the Commission’s authority to require hedge funds to register as investment advisers, the SEC went back to the drawing-board to develop new procedures for regulating this segment of the capital markets. The result of these efforts is a rule with potentially much...
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