entity · derived

Legal standards

13 claims across 3 works, 2016–2021.

Derived node: assembled mechanically from the claims carrying legal-standards. A roster, not an adjudicated definition.

Every claim under this term

• 2811718-005 2016 failure: Almost no guidance exists on the standards applicable to private fund investor due diligence, so despite the growing importance of due diligence in capital formation and in litigation the industry is
• 2811718-006 2016 failure: The existing resources fail on both sides: industry materials describe best practices without setting out the legal requirements for private fund due diligence, and the available case law provides onl
• 2811718-017 2016 empirical: While some courts found that a complete lack of investor due diligence can amount to securities fraud or breach of contract, and that lacking due diligence can breach fiduciary duties, the majority of
• 2811718-018 2016 condition: Successful claims based on lacking investor due diligence typically require a complete failure to perform due diligence despite explicit promises to perform it; promising due diligence and then conduc
• 2811718-019 2016 condition: Relying solely on a representation by the investment or the fund, without actually performing due diligence, is sufficient to present a fact issue on fraud to a jury.
• 2811718-020 2016 failure: Deficient due diligence does not create securities fraud liability unless it is intentional or highly reckless; conduct that is merely negligent or professionally incompetent falls short of the scient
• 2811718-022 2016 condition: Defendants owe a duty to use reasonable care in conducting financial due diligence consistent with the standards of care in the profession.
• 2811718-024 2016 condition: Failure to supervise and direct investment of assets in accordance with an investment plan's policy, together with offering memoranda or quarterly letters that misrepresent due diligence processes, ca
• 2811718-030 2016 condition: Funds that promise due diligence with no intention of actually carrying it out violate federal securities laws rather than merely breaching a contract.
• 2811718-034 2016 failure: The legal standards applicable to private fund investor due diligence are somewhat inconsistent and suboptimal and merit clarification.
• 2811718-040 2016 failure: Despite bringing enforcement actions over misrepresentations about due diligence, the SEC has not taken a rigid enforcement position on whether particular due diligence industry practices are effectiv
• 2998097-030 2017 failure: The legal standards applicable to private fund investor due diligence are somewhat inconsistent and suboptimal and merit clarification.
• 3949098-033 2021 normative: The decentralized reputation staking governance mechanisms provide a higher form of decentralized governance than most legal standards in any given jurisdiction.

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