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4 Hastings Bus. L.J. [i] (2008)

handle is hein.journals/hbuslj4 and id is 1 raw text is: HASTINGS BUSINESS LAW JOURNAL
VOL. 4                     WINTER 2008                     No. 1
Table of Contents
ARTICLES
UNDERSTANDING HEDGE FUND ADVISER REGULATION
Thierry  O livier  D esm et ................................................................ 1
The hedge fund industry has grown tremendously and gained much
influence on our nation's capital markets in the past decade. Helping fuel
this growth in size and influence has been the fact that many hedge funds
have sought investments from less affluent and sophisticated investors than
in the past. In addition, the number of securities enforcement cases filed
against hedge funds has increased. As a result, many have called for some
form of regulatory oversight to protect the investing public and reduce
market risks. This article focuses on the regulations imposed on hedge
fund advisers as well as the controversial rule by the U.S. Securities &
Exchange Commission, now vacated, which would have required most
hedge fund advisers to register as investment advisers. The author also
looks at the Commission's new antifraud rule, adopted in July 2007 to
protect investors in hedge funds, and discusses the best known cases
brought against hedge funds and their advisers by securities regulators and
criminal authorities.

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