Private Funds Management’s Yearbook 2018 published an article co-authored by private investment funds partner Jason Brown and litigation & enforcement partner Eva Carman that examines regulatory issues in marketing private equity funds. The chapter, titled “Regulatory Issues in Marketing PE Funds,” outlines how while the regulatory backdrop has not changed, the ways in which the SEC applies the law on advertising is constantly evolving. The chapter provides an in depth discussion of the areas which the SEC’s primary exams focus on—performance, social media, superlatives and the review process.
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