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Private fund lobbyists get set for high-stakes SEC court fight

Investors and business groups dispute regulator’s role and new disclosure mandates for the $26tn industry

The SEC proposal is arguably the toughest measure the government has taken to check private equity since the emergence of modern buyout firms more than 40 years ago
The SEC proposal is arguably the toughest measure the government has taken to check private equity since the emergence of modern buyout firms more than 40 years ago Photo: Ken Cedeno/Getty Images

Regulators and the private equity industry are gearing up for a trial that could determine the government’s ability to set rules for buyout funds, with some business interests hoping the case could loosen regulators’ hold on Wall Street.

On 5 February, a three-judge panel for the Fifth Circuit Court of Appeals is set to hear oral arguments in a challenge private fund lobbyists mounted against tough new Securities and Exchange Commission rules. The provisions, finalised last August after months of contentious discussion, require private equity firms to tell investors much more about the fees they charge, and prohibit some activities the regulator considers unfair and conflicted.

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