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Client Alerts

The Fifth Circuit Vacates the SEC’s Private Fund Rules

June 05, 2024

By

John L. Budetti,

Brad Bondi,Ryan Swan,Scott Gluck,Michael Wheatley,

Traci G. Zeller,

Vanessa Omoroghomwan,& Sabrina Zhang

On June 5, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated—in their entirety—the controversial private fund reforms adopted by the Securities and Exchange Commission (the “SEC”) in August 2023 (collectively, the “Private Fund Rules”). The highly anticipated decision in National Association of Private Fund Managers, et al., v. SEC follows oral arguments heard by the Fifth Circuit in February of this year, in which the trade associations that challenged the Private Fund Rules argued that the SEC overstepped the bounds of its statutory authority in passing the Private Fund Rules.

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Contributors

Image: Brad Bondi
Brad Bondi

Partner, Litigation Department


Image: Ryan Swan
Ryan Swan

Partner, Corporate Department


Image: Scott Gluck
Scott Gluck

Of Counsel, Corporate Department


Image: Michael Wheatley
Michael Wheatley

Of Counsel, Litigation Department


Image: Vanessa Omoroghomwan
Vanessa Omoroghomwan

Associate, Litigation Department


Image: Sabrina Zhang
Sabrina Zhang

Associate, Corporate Department


Practice Areas

Investment Funds & Private Capital


For More Information

Image: Brad Bondi
Brad Bondi

Partner, Litigation Department

Image: Ryan Swan
Ryan Swan

Partner, Corporate Department

Image: Scott Gluck
Scott Gluck

Of Counsel, Corporate Department

Image: Michael Wheatley
Michael Wheatley

Of Counsel, Litigation Department

Image: Vanessa Omoroghomwan
Vanessa Omoroghomwan

Associate, Litigation Department

Image: Sabrina Zhang
Sabrina Zhang

Associate, Corporate Department