How Much Information Can a Hedge Fund Manager Include On a Public Website?
Hedge Fund Law Report
On September 22, 2011, the Massachusetts Supreme Court issued an important decision dealing with how much information hedge fund managers may include on their public websites. The answer seeks to balance the right on the part of individuals and entities to free speech with the right on the part of government to limit commercial speech. The decision is important to hedge fund managers because the Internet is becoming a more central channel of hedge fund marketing. Conveying the right amount of information in the right way can enhance marketing, but saying too much or saying it in the wrong way can lead to liability. This decision helps establish parameters. Our article provides an extensive analysis of the decision, the factual background and prior relevant decisions.