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2025-01-25
Wynn Resorts Ltd. stock outperforms competitors despite losses on the day1. Facilitate Capital Formation In Alternative Investments and Private Funds For over 20 years, the Securities and Exchange Commission (SEC) Staff has limited closed-end funds from investing in private funds unless the closed-end funds are available only to accredited investors (or qualified purchasers). Also, for over 20 years, the SEC Staff has imposed a flat 15 percent-of-assets ceiling for investments by a closed-end fund in hedge funds and other private funds (for example, hedge funds or private equity funds) that are excluded from investment company regulation by virtue of section 3(c)(1) and/or section 3(c)(7) of the Investment Company Act of 1940 (Investment Company Act). It is unclear what the legal basis is for these limitations under the Investment Company Act or the rules thereunder. The new SEC leadership should consider changing these SEC Staff positions to provide retail investors access to private funds with all of the protections imposed under the Investment Company Act and Investment Advisers Act of 1940 (Advisers Act). 2. Revisit the Accredited Investor (AI) Standard One of the most common gateways to accessing alternative investments, including private funds, is for an investor to meet the AI Standard. The AI standard is the cornerstone of the private placement exemption in Regulation D, which is usually relied upon when marketing interests in private funds. The AI Standard was last updated and expanded in August 2020 (AI 2020 Final Rule) (e.g., to include, among others, natural persons holding in good standing certain professional certifications or designations, irrespective of income/net worth). However, the AI 2020 Final Rule stopped short of adopting other possible ways of revising (and expanding) the AI Standard that were discussed by the SEC in the proposing release. This includes a change that would permit investors whose assets are managed by registered investment advisers or broker-dealers to be treated as accredited investors and lower the asset and income thresholds in the definition of an accredited investor. As a result, the current AI Standard financial thresholds remain a significant component of the AI Standard and may no longer be an accurate proxy for an investor’s financial sophistication. The new SEC leadership should consider the following: revisiting the proposed changes to the AI Standard (never adopted in the AI 2020 Final Rule); and revising the AI Standard to incorporate further alternative means of establishing investor sophistication appropriate to allow investors to participate in private offerings of securities – this could be done via SEC rulemaking, including as a result of legislation authorizing and/or directing the SEC to take such action. 3. Address Unresolved Issues In the Custody Rule In February 2023, the SEC proposed significant amendments to the Custody Rule under the Advisers Act (Rule 206(4)-2)) (“Custody Rule Proposals”). To date, the SEC has not adopted the Custody Rule Proposals and, due to significant industry pushback, it is not anticipated that the Custody Rule Proposals will ever be adopted in their current form. Nonetheless, there are at least two significant unresolved matters with respect to the Custody Rule that could use clarification from the SEC under the new administration either in new proposed rule revisions or in other guidance. First, under the Custody Rule, an investment adviser with custody over client funds or securities generally needs to hold those assets at a “Qualified Custodian,” which typically means a bank or broker-dealer. However, there are many asset classes such as cryptoassets, certain privately offered securities, derivatives and loans that cannot easily and efficiently be custodied at a Qualified Custodian. It would be helpful to the investment management industry if the new SEC leadership considered providing additional exceptions to the Qualified Custodian requirements with respect to such assets. For example, one possible alternative would be for the SEC to allow registered investment advisers to adopt prescribed policies and procedures designed to protect client assets in cases where it is impracticable to custody such assets at a Qualified Custodian. Second, under the Custody Rule, an investment adviser is deemed to have “custody” of client assets if it has the authority to withdraw funds or securities from a client’s account. The SEC has provided a limited exception to this definition of custody for investment advisers that trade client securities on a delivery versus payment basis (DVP). DVP is a settlement procedure that requires a buyer’s cash payment for securities to be received at or before the seller’s delivery of securities. Most publicly traded securities settle on a DVP basis. However, many other securities do not settle on a delivery versus payment basis and where the investment management industry would benefit from clarity as to when and whether trading authority over such assets would cause an investment adviser to have custody (e.g., certain loan investments). 4. Rethink/Reform “Pay-to-Play” Rule The “Pay-to-Play” Rule under the Advisers Act (Rule 206(4)-5) has been widely criticized as being unduly punitive and inflexible. Under the rule, donations made by certain personnel of an investment adviser to candidates for, or incumbents in, state or local office who have the ability to hire, or influence the hiring of, the adviser by a government entity (e.g., a government pension plans) can trigger a two-year bar against the adviser receiving compensation from such government entities. Among other critiques levied against the rule: Its de minimis donation thresholds (which max out at a $350 donation per official, per election – lower in some cases) are so low as to impair legitimate political expression and far below the levels that raise reasonable concerns of undue influence. Although there is a limited exception for contributions that the donor claws back within 60 days of discovery, that exception cannot “cure” contributions in excess of $350, making it too circumscribed to be meaningful. Under the rule’s look-back provisions, donations made by newly hired personnel more than six months before joining an advisory firm are excepted from the rule, but not if that person will be involved in soliciting any clients for their new firm – even if the firm screens the new employee from soliciting or personally profiting from business connected with those prior donations. New SEC leadership should take a fresh look at the rule, which could include raising the associated de minimis thresholds and providing more practical “self-help” remedies for firms to cure inadvertent breaches without having to petition for SEC exemptive relief. More broadly, the SEC could reassess whether the “Pay-to-Play” rule is a necessary or appropriate tool for the agency to retain, or whether existing campaign finance and anticorruption regulations already effectively regulate the underlying issues that the rule was meant to address. 5. Offer Interpretive Guidance Rather Than Regulating by Enforcement The SEC, under the direction of Chairman Gary Gensler, has certainly been busy. There has been little surprise anymore when it comes to the extraordinary volume and pace of actual and potentially industry-shifting and complex matters arising from both SEC rulemakings and enforcement actions – many of which impact investment advisers. Considering the administration change, new SEC leadership and likely shifting regulatory priorities, the markets and industry participants would benefit from continued willingness at the SEC to consider requests for exemptive orders and interpretive guidance (where appropriate). For example, in late 2020, the SEC finalized rules governing marketing under the Advisers Act (Marketing Rule), as well as good faith determinations of fair value under the Investment Company Act (Fair Value). The SEC has brought enforcement actions under both rules, which at the same time have presented implementation and interpretive challenges and would benefit from additional Staff FAQ guidance (currently, the Staff has published four and two FAQs on the Marketing Rule and Fair Value rule, respectively). For example, the SEC Staff should: Consider, among other things, (i) harmonizing the FINRA advertising rule with the SEC’s Marketing Rule; (ii) providing guidance as to what the SEC Staff expects an adviser to do to establish that it reasonably believes hypothetical performance is useful and relevant to its clients; and (iii) clarifying when attribution analysis is considered investment performance that must be presented net of fees. Evaluate providing guidance/examples related to investments valued using level 2 inputs.jiliko world slot

DALLAS (AP) — More than 60 years after President John F. Kennedy was assassinated , conspiracy theories still swirl and any new glimpse into the fateful day of Nov. 22, 1963, in Dallas continues to fascinate . President-elect Donald Trump promised during his reelection campaign that he would declassify all of the remaining government records surrounding the assassination if he returned to office. He made a similar pledge during his first term, but ultimately bended to appeals from the CIA and FBI to keep some documents withheld. At this point, only a few thousand of the millions of governmental records related to the assassination have yet to be fully released, and those who have studied the records released so far say that even if the remaining files are declassified, the public shouldn't anticipate any earth-shattering revelations. “Anybody waiting for a smoking gun that’s going to turn this case upside down will be sorely disappointed,” said Gerald Posner, author of “Case Closed,” which concludes that assassin Lee Harvey Oswald acted alone. Friday's 61st anniversary is expected to be marked with a moment of silence at 12:30 p.m. in Dealey Plaza, where Kennedy's motorcade was passing through when he was fatally shot. And throughout this week there have been events marking the anniversary. When Air Force One carrying Kennedy and first lady Jacqueline Kennedy touched down in Dallas , they were greeted by a clear sky and enthusiastic crowds. With a reelection campaign on the horizon the next year, they had gone to Texas on political fence-mending trip. But as the motorcade was finishing its parade route downtown, shots rang out from the Texas School Book Depository building. Police arrested 24-year-old Oswald and, two days later, nightclub owner Jack Ruby fatally shot Oswald during a jail transfer. A year after the assassination, the Warren Commission, which President Lyndon B. Johnson established to investigate the assassination, concluded that Oswald acted alone and there was no evidence of a conspiracy. But that hasn't quelled a web of alternative theories over the decades. In the early 1990s, the federal government mandated that all assassination-related documents be housed in a single collection in the National Archives and Records Administration. The collection of over 5 million records was required to be opened by 2017, barring any exemptions designated by the president. Trump, who took office for his first term in 2017, had boasted that he'd allow the release of all of the remaining records but ended up holding some back because of what he called the potential harm to national security. And while files have continued to be released during President Joe Biden's administration, some still remain unseen. The documents released over the last few years offer details on the way intelligence services operated at the time, and include CIA cables and memos discussing visits by Oswald to the Soviet and Cuban embassies during a trip to Mexico City just weeks before the assassination. The former Marine had previously defected to the Soviet Union before returning home to Texas. Mark S. Zaid, a national security attorney in Washington, said what's been released so far has contributed to the understanding of the time period, giving “a great picture” of what was happening during the Cold War and the activities of the CIA. Posner estimates that there are still about 3,000 to 4,000 documents in the collection that haven’t yet been fully released. Of those documents, some are still completely redacted while others just have small redactions, like someone's Social Security number. There are about 500 documents where all the information is redacted, Posner said, and those include Oswald's and Ruby’s tax returns. “If you have been following it, as I have and others have, you sort of are zeroed in on the pages you think might provide some additional information for history,” Posner said. Trump's transition team hasn’t responded to questions this week about his plans when he takes office. From the start, there were those who believed there had to be more to the story than just Oswald acting alone, said Stephen Fagin, curator of the Sixth Floor Museum at Dealey Plaza, which tells the story of the assassination from the building where Oswald made his sniper's perch. “People want to make sense of this and they want to find the solution that fits the crime," said Fagin, who said that while there are lingering questions, law enforcement made “a pretty compelling case” against Oswald. Larry J. Sabato, director of the University of Virginia Center for Politics, said his interest in the assassination dates back to the event itself, when he was a child. “It just seemed so fantastical that one very disturbed individual could end up pulling off the crime of the century," Sabato said. “But the more I studied it, the more I realized that is a very possible, maybe even probable in my view, hypothesis.”

DETROIT, Nov. 21, 2024 (GLOBE NEWSWIRE) -- DT Midstream, Inc. ("DT Midstream" or the "Company") DTM today announced that it has priced an offering (the "Offering") of $650,000,000 of 5.800% Senior Secured Notes due 2034 (the "Notes"). The Notes will be issued by DT Midstream, guaranteed by certain of DT Midstream's subsidiaries and secured by a first priority lien on certain assets of DT Midstream and its subsidiary guarantors that secure DT Midstream's existing credit facilities and existing senior secured notes. The Offering is expected to close on December 6, 2024, subject to the satisfaction of customary closing conditions. DT Midstream intends to use the net proceeds from the sale of the Notes, together with the proceeds from its recently completed offering of common stock, borrowings under its revolving credit facility and cash on hand, to fund the consideration payable by DT Midstream in the previously announced, pending acquisition of all of the equity interests in Guardian Pipeline, L.L.C., Midwestern Gas Transmission Company and Viking Gas Transmission Company from ONEOK Partners Intermediate Limited Partnership and Border Midwestern Company (the "Pending Acquisition"). The Notes are being sold in a private placement to persons reasonably believed to be "qualified institutional buyers" pursuant to Rule 144A under the Securities Act of 1933, as amended (the "Securities Act"), and to non-U.S. persons outside the United States under Regulation S under the Securities Act. The Notes have not been and will not be registered under the Securities Act and may not be offered or sold in the United States absent registration or an applicable exemption from, or in a transaction not subject to, the registration requirements of the Securities Act and other applicable securities laws. This press release is neither an offer to sell nor a solicitation of an offer to buy the Notes, nor shall there be any sale of the Notes in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any such jurisdiction. About DT Midstream DT Midstream DTM is an owner, operator and developer of natural gas interstate and intrastate pipelines, storage and gathering systems, compression, treatment and surface facilities. The Company transports clean natural gas for utilities, power plants, marketers, large industrial customers and energy producers across the Southern, Northeastern and Midwestern United States and Canada. The Detroit-based company offers a comprehensive, wellhead-to-market array of services, including natural gas transportation, storage and gathering. DT Midstream is transitioning towards net zero greenhouse gas emissions by 2050, including a goal of achieving 30% of its carbon emissions reduction by 2030. Forward-Looking Statements This release contains statements which, to the extent they are not statements of historical or present fact, constitute "forward-looking statements" under the securities laws. Forward-looking statements can be identified by the use of words such as "believe," "expect," "expectations," "plans," "intends," "continues," "forecasts," "goals," "strategy," "prospects," "estimate," "project," "scheduled," "target," "anticipate," "could," "may," "might," "will," "should," "see," "guidance," "outlook," "confident" and other words of similar meaning. The absence of such words, expressions or statements, however, does not mean that the statements are not forward-looking. Forward-looking statements are not guarantees of future results and conditions, but rather are subject to numerous assumptions, risks, and uncertainties that may cause actual future results to be materially different from those contemplated, projected, estimated, or budgeted. This release contains forward-looking statements about DT Midstream's intention to issue the Notes at the closing of the Offering, DT Midstream's intended use of proceeds and the Pending Acquisition. The closing of the Offering of the Notes is subject to the satisfaction of customary closing conditions. DT Midstream may not be able to close the Offering of the Notes on the anticipated timeline or at all. For additional discussion of risk factors which may affect DT Midstream's results, please see the discussion under the section entitled "Risk Factors" in our Annual Report on Form 10-K and any other reports filed with the SEC. The above list of factors is not exhaustive. New factors emerge from time to time. DT Midstream cannot predict what factors may arise or how such factors may cause actual results to vary materially from those stated in forward-looking statements. Given the uncertainties and risk factors that could cause our actual results to differ materially from those contained in any forward-looking statement, you should not put any undue reliance on any forward-looking statements. Any forward-looking statements speak only as of the date on which such statements are made. We are under no obligation to, and expressly disclaim any obligation to, update or alter our forward-looking statements, whether as a result of new information, subsequent events or otherwise. © 2024 Benzinga.com. Benzinga does not provide investment advice. All rights reserved.Panthers TE Ja'Tavion Sanders carted off field for neck injury

NEW YORK (AP) — The huge rally for U.S. stocks lost momentum on Thursday as Wall Street counted down to a big jobs report that’s coming on Friday. The crypto market had more action, and bitcoin briefly burst to a record above $103,000 before pulling back. The S&P 500 slipped 0.2% from the all-time high it had set the day before, its 56th of the year so far, to shave a bit off what’s set to be one of its best years of the millennium . The Dow Jones Industrial Average fell 248 points, or 0.6%, while the Nasdaq composite slipped 0.2% from its own record set the day before. Bitcoin powered above $100,000 for the first time the night before, after President-elect Donald Trump chose Paul Atkins, who's seen as a crypto advocate, as his nominee to head the Securities and Exchange Commission. The cryptocurrency has climbed dramatically from less than $70,000 on Election Day, but it fell back as Thursday progressed toward $99,000, according to CoinDesk. Sharp swings for bitcoin are nothing new, and they took stocks of companies enmeshed in the crypto world on a similar ride. After rising as much as 9% in early trading, MicroStrategy, a company that’s been raising cash just to buy bitcoin, swung to a loss of 4.8%. Crypto exchange Coinbase Global fell 3.1% after likewise erasing a big early gain. Elsewhere on Wall Street, stocks of airlines helped lead the way following the latest bumps up to financial forecasts from carriers. American Airlines Group soared 16.8% after saying it’s making more in revenue during the last three months of 2024 than it expected, and it will likely make a bigger profit than it had earlier forecast. The airline also chose Citi to be its exclusive partner for credit cards that give miles in its loyalty program. That should help its cash coming in from co-branded credit card and other partners grow by about 10% annually. Southwest Airlines climbed 2% after saying it’s seeing stronger demand from leisure travelers than it expected. It also raised its forecast for revenue for the holiday traveling season. On the losing end of Wall Street was Synposys, which tumbled 12.4%. The supplier for the semiconductor industry reported better profit for the latest quarter than analysts expected, but it also warned of “continued macro uncertainties” and gave a forecast for revenue in the current quarter that fell short of some analysts’ estimates. American Eagle Outfitters fell even more, 14.3%, after the retailer said it’s preparing for “potential choppiness” outside of peak selling periods. It was reminiscent of a warning from Foot Locker earlier in the week and raised more concerns about how resilient U.S. shoppers can remain. Solid spending by U.S. consumers has been one of the main reasons the U.S. economy has avoided a recession that earlier seemed inevitable after the Federal Reserve hiked interest rates to crush inflation. But shoppers are now contending with still-high prices and a slowing job market . This week’s highlight for Wall Street will be Friday’s jobs report from the U.S. government, which will show how many people employers hired and fired last month. A report on Thursday said the number of U.S. workers applying for unemployment benefits rose last week but remains at historically healthy levels. Expectations are high that the Fed will cut its main interest rate again when it meets in two weeks. The Fed began easing its main interest rate from a two-decade high in September, hoping to offer more support for the job market. In the bond market, the yield on the 10-year Treasury edged down to 4.17% from 4.18% late Wednesday. The S&P 500 fell 11.38 points to 6,075.11. The Dow sank 248.33 to 44,765.71, and the Nasdaq composite lost 34.86 to 19,700.26. In stock markets abroad, indexes were mostly calm in Europe after far-right and left-wing lawmakers in France joined together to vote on a no-confidence motion that will force Prime Minister Michel Barnier and his Cabinet to resign. The CAC 40 index in Paris added 0.4%. In South Korea, the Kospi fell 0.9% to compound its 1.4% decline from the day before. President Yoon Suk Yeol was facing possible impeachment after he suddenly declared martial law on Tuesday night. He revoked the martial law declaration six hours later. Crude oil prices slipped after eight members of the OPEC+ alliance of oil exporting countries decided to put off increasing oil production. AP Business Writers Yuri Kageyama and Matt Ott contributed.

Trump transition says Cabinet picks, appointees were targeted by bomb threats, swatting attacks

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Bipartisan legislation would extend funding for national parks infrastructure

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Aaron Rodgers is feeling healthy and will be the New York Jets’ starting quarterback as long as that remains the case. Whether he’s in the huddle beyond this season is still to be decided — by the Jets and Rodgers. “Football life is interesting because there’s no guarantees,” Rodgers said Wednesday. “Even with injuries, obviously, with contract situations, with age, with coaching changes, new scheme possibly, new system. There’s a lot of unknowns, so that stuff is out of my control. “I’m just going to enjoy these times here and let the future take care of itself.” Interim coach Jeff Ulbrich said Rodgers returned from the team’s bye-week break appearing physically refreshed and ready to go. The quarterback was not on the Jets’ injury report Wednesday for the first time since Week 4. “Definitely, as long as he’s healthy, my plan is to play him,” Ulbrich said. “And I know talking to him, that’s the way he wants to do it, too.” Rodgers, who turns 41 on Monday, has dealt with various injuries to his left leg, including a sore knee, sprained ankle and balky hamstring. And that’s after coming off a torn Achilles tendon in the same leg that limited him to just four snaps last season. “He’s doing better today than he has for quite a while now,” Ulbrich said. “After my conversations with him the last five or six weeks, he has felt healthier today than he’s felt in that time span.” That echoes what Rodgers said during his weekly appearance on “The Pat McAfee Show” on Tuesday, when he said he “feels good.” Rodgers said he’s still contemplating whether he wants to play football next season, but would prefer it be with the Jets if he does return. He reiterated that Wednesday after practice and explained why his tone has changed a bit from a few weeks ago when he said “I think so, yeah,” when he was asked if he planned to play next year. “If you look at what transpired in those two weeks, Joe (Douglas) got axed,” Rodgers said, referring to the Jets’ former general manager who was fired last week. “Joe brought me in here. There’s uncertainty with, you know, everybody on the staff, so I’m not naive to what the situation is. And if a new GM comes in and they don’t retain Brick, I have to fit in those plans, so that’s kind of the first part. “Like I said, on ”The Pat McAfee Show,” this is my first option. I’d love to play here if I end up deciding to play. But there’s got to be a want for them to want to bring me back, and for me to want to play. But ‘I think so’ was the truth, and ‘I’m not 100% sure’ is also the truth today.” Rodgers, who is having a subpar season statistically, has been noticeably affected by his leg ailments — and that’s something that could be much improved starting Sunday against Seattle. “I’m super excited about getting him going, whether it’s the keepers, the boots, a little bit more quarterback movement,” Ulbrich said. “Taking advantage of the stuff that he’s done at a Hall of Fame level his entire career. So, excited to see a healthier version of Aaron out there.” There was some speculation that the Jets, who are 3-8 and close to falling mathematically out of the playoff hunt, could opt to sit Rodgers in favor of Tyrod Taylor with his playing future uncertain. “He is a very prideful person,” Ulbrich said. “He wants to finish this thing off right. He wants to celebrate this team that we have and have a good taste in our mouths as we leave this season.” Rodgers has been very complimentary of Ulbrich as a leader, saying he’s “definitely all-in” on the interim coach and would like to see him get the full-time job for next season. “Again, that’s out of my control,” Rodgers said. “I mean, I’m not going to say Brick or nothing. I need to see how I’m feeling. Obviously, I would love to play for Brick again. He’s a fantastic human being, but there’s a lot of things that can change in the next six weeks. “There could be some really good feelings coming out of this or there could be wholesale changes — and I might be a part of that.” Those changes could include two coaches Rodgers is closest with in offensive coordinator Nathaniel Hackett and passing game coordinator Todd Downing. “Them not being here would not be a deal breaker for me,” Rodgers said, “although I obviously love them.” Owner Woody Johnson is using The 33rd Team, with former GMs Mike Tannenbaum and Rick Spielman leading the project, to identify and analyze candidates for the Jets’ coach and GM searches. Rodgers is unsure if Johnson will seek his input on those decisions. “I’m always available if my opinion is wanted, but I’m going to focus on playing right now,” Rodgers said. “If I get drawn in those conversations, fantastic. If I don’t, that’s fantastic, too.”India kicks off the process to formulate ‘UDAN 2.0’

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